Appeal No. 95-4336
Application 08/057,898
disclosure, we consider that it would have been obvious to one
of ordinary skill in the art to utilize a centrally-located
magnet in the electromagnetic actuator portion of the
Montelius valve instead of the annular magnet arrangement
disclosed by Montelius, this being simply the use of one known
arrangement for the electromagnetic actuator of a spool valve
in place of another.
In reaching our determination of obviousness, we have
taken into account the (undated) declaration of applicant
Nicky Borcea, submitted with the Amendment and Reply filed on
May 23, 1994. According to the accompanying remarks, this6
declaration shows the commercial success of the claimed
invention.
The declaration states, inter alia, that Robohand, Inc.,
of which Mr. Borcea is president, began manufacturing the
claimed
"voice coil" servovalve in 1993; that since January 1, 1994,
The declaration was not considered with regard to the final rejection,6
since commercial success is not relevant to a rejection under 35 USC § 102.
In re Paulsen, 30 F.3d 1475, 1482 n.11, 31 USPQ2d 1671, 1676 n. 11 (Fed. Cir.
1994).
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