Ex parte ROSE - Page 10




                 Appeal No. 1995-5010                                                                                                                   
                 Application 08/116,261                                                                                                                 


                                     Rejection of claim 12 under 35 U.S.C. § 103                                                                        
                          Claim 12  is rejected as being obvious over Takahashi and3                                                                                                              
                 Sakurai’532.  The Examiner states:                                                                                                     
                                   Takahashi et al. lacks a limiter component                                                                           
                          distinct from and in series with the amplitude                                                                                
                          detector 51a.  However, such a feature is well                                                                                
                          known, as seen in Figure 9 (element 69) of Sakurai,                                                                           
                          and would have been obvious in order to provide                                                                               
                          smoothness and stability to the feedback signals.                                                                             
                          Furthermore, to incorporate the Takahashi et al.                                                                              
                          circuitry into an ultrasonic surgical hand piece                                                                              
                          would have been obvious because the inherent                                                                                  
                          advantages are applicable to piezoelectric                                                                                    
                          transducers in general [final rejection, page 4].                                                                             
                          Appellant first argues that the Examiner has combined                                                                         
                 non- analogous references of Takahashi and Sakurai to reject                                                                           
                 claim 12 [brief, page 13].  However, we believe that the                                                                               
                 ultrasonic motor of Takahashi is of the same type as disclosed                                                                         
                 by Appellant, and Sakurai discloses a control circuit for an                                                                           
                 ultrasonic motor.  Therefore, we disagree with Appellant’s                                                                             
                 conclusory statement that Takahashi and Sakurai are from non-                                                                          


                          3We note that claim 12 is not clear.  For example, the                                                                        
                 clause “a second control loop” (claim 12, line 9) is not                                                                               
                 defined.  We take it to mean that it refers to the “automatic                                                                          
                 gain control loop” mentioned in lines 5 and 6 of claim 12.                                                                             
                 Also, the clause “second output signal” (claim 12, line 11) is                                                                         
                 undefined.  We interpret it to mean any kind of output.  Our                                                                           
                 discussion is based on this interpretation of the claim.                                                                               
                                                                        -10-                                                                            





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