Ex parte ALCONE et al. - Page 6




          Appeal No. 96-2143                                                          
          Application 08/046,056                                                      


               Considering the noted teaching of Froeschle, in                        
          particular, it is apparent to us that one having ordinary                   
          skill in the art would have readily understood the modified                 
          Froeschle system as encompassing an actuator or means capable               
          of opposing or sized to counter relatively small high                       
          frequency forces, as now set forth in claims 1 and 9.  Thus,                
          appellants’ argument alone simply does not persuade us that                 
          the evidence of obviousness is deficient regarding the content              
          of claims 1 and 9.  As to the argument addressed to claim 16                
          regarding a proof mass (main brief, page 8), we disagree with               
          appellants view that Froeschle, in partic-ular, would not have              
          been suggestive thereof.  As we see it, the                                 
          permanent magnets of Froeschle (column 3, line 21) would                    
          clearly have been suggestive of the broadly recited “proof                  
          mass” of claim 16.6                                                         


               In summary, this panel of the board has affirmed the                   
          rejection of claims 9, 15, and 16 under 35 U.S.C. §103.                     


               We note appellant’s indication in the specification (page 4, lines 28,6                                                                     
          29) that the proof mass can be a separate mass, but is typically one or more
          magnets of the actuator 21 (electromagnetic actuator).                      
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