Ex parte TATSUMI et al. - Page 5




          Appeal No. 95-0744                                                          
          Application 07/758,460                                                      

                                       OPINION                                        
               The claims stand or fall together (Brief, page 5).                     
               The examiner admits that O'Neil does not teach testing                 
          the motor with the clutch disengaged and then engaging the                  
          clutch if the motor is determined to be operating properly                  
          (Examiner's Answer, page 3).  O'Neil appears to fall in the                 
          same category as the discussed prior art where the clutch is                
          disconnected upon sensing of an extraordinarily large steering              
          torque or other conditions indicating that the motor has                    
          failed or is mechanically restricted (specification, page 2).               
          The electric actuator of Yabe does not include a clutch and,                
          thus, in each embodiment, the electric actuator is tested in                
          its loaded state, i.e., with the electric motor operating the               
          oil pump to drive steering mechanism (figures 1 and 4) or                   
          directly driving the steering mechanism (figure 5).  Thus,                  
          Yabe also does not teach testing the motor with the clutch                  
          disengaged (it has no clutch) and then engaging the clutch if               
          the motor is determined to be operating properly.                           
               The examiner finds that Yabe teaches the following                     
          (Examiner's Answer, page 4):                                                
               Based on the magnitude of the monitored current, a                     
               determination is made as to whether the electric motor is              
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