Ex parte TAKAHATA et al. - Page 5




                Appeal No. 96-2202                                                                                                            
                Application 08/117,088                                                                                                        


                stator as required by claim 5.  Although the distance between the                                                             
                permanent magnets is not expressly set forth in McMichael, Figure                                                             
                1 plainly discloses that the distance between the permanent                                                                   
                magnets is not greater than the width of either magnet.                                                                       
                Appellants' arguments (Brief, page 10) to the contrary                                                                        
                notwithstanding, the distance between the two permanent magnets                                                               
                is, therefore, greater than 0.0 and less than 1.0 times the                                                                   
                radial width of either permanent magnet.  The lower end of the                                                                
                range in McMichael is probably around 0.5 times the radial width                                                              
                of either permanent magnet.  The only difference between Figure 1                                                             
                of McMichael and the superconductor bearing of claim 5 is the                                                                 
                mounting of the permanent magnets on a stator as opposed to a                                                                 
                rotor, and the mounting of the superconductor on a rotor as                                                                   
                opposed to a stator.  With respect to this difference, we are of                                                              
                the opinion that the skilled artisan would have known that the                                                                
                roles of the stator and the rotor are reversible, and that the                                                                
                magnetic flux  would not be altered in any way in Figure 1 of4                                                                                                       
                McMichael.  For example, Figure 13 of McMichael discloses the                                                                 
                permanent magnets 390 and 391 arranged on the rotor, and the                                                                  
                superconductor is the stator.  In view of the well-known                                                                      

                         4Appellants acknowledge (Brief, page 9) that the "magnetic                                                           
                fluxes emitted by McMichael's permanent magnets are permitted to                                                              
                penetrate into the superconductor."                                                                                           
                                                                      5                                                                       





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