Ex parte TAKAHATA et al. - Page 6




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


          interchangeability of a rotor and a stator, it would have been              
          obvious to one of ordinary skill in the art to reverse the roles            
          of the rotor and stator in Figure 1 of McMichael, and arrange the           
          permanent magnets 108 and 110 on a rotor, and the superconductor            
          104 on a stator.                                                            
               Although the obviousness rejection is based upon Baermann or           
          Hanami in view of McMichael, it is perfectly permissible to                 
          sustain the rejection of claim 5 in light of McMichael alone.               
          See In re Bush, 296 F.2d 491, 495-96, 131 USPQ 263, 266-67 (CCPA            
          1961).  Accordingly, the obviousness rejection of claim 5 is                
          sustained.  The obviousness rejection of claims 6 and 7 is                  
          sustained because of appellants' grouping of the claims (Brief,             
          page 6).                                                                    
               In response to the obviousness rejection of claims 8 through           
          10, appellants argue (Brief, pages 12 through 16) that the                  
          permanent magnets in Rosensweig, Meeks, Wasson and Agarwala                 
          "abut" each other, and that McMichael and Agarwala do not cure              
          the deficiencies of Rosensweig, Meeks and Wasson.  We agree.  The           
          obviousness rejection of claims 8 through 10 is reversed.                   
                                      DECISION                                        
               The decision of the examiner rejecting claims 5 through 10             
          under 35 U.S.C.  103 is affirmed as to claims 5 through 7 and is           

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