Ex parte ROSE - Page 12




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


          344 (CCPA 1968).  We agree with the Examiner that, to the                   
          extent claimed, the “frequency control loop” (claim 12, line                
          3) and the “automatic gain control loop” (claim 12, line 3)                 
          are shown by circuit 50 and 51a of Takahashi in figure 5 as                 
          controlling the speed of the ultrasonic motor 23.  The                      
          reference voltage at element 55 in Takahashi can be switched                
          from one setting to another to achieve a desired speed (column              
          7, lines 23 to 25 and column 8, lines 57 to 60].  This meets                
          the limitation: “a switching unit ... to second output” (claim              
          12, lines 8 to 11).  We further agree with the Examiner that                
          to broadly add a limiter, such as element 69 of Sakurai, to                 
          the output of the feedback control loop 51a of Takahashi would              
          have been obvious because the purpose of such a limiter in                  
          Takahashi would have been the same as in Sakurai as well as in              
          Appellant’s device, i.e., to limit the amplitude of the                     
          feedback signal below an undesirable speed limit in Sakurai to              
          avoid damage to the ultrasonic motor, or to match a particular              
          tissue selectivity in Appellant’s device.  Therefore, we                    
          sustain the obviousness rejection of claim 12 over Takahashi                
          and Sakurai.                                                                
               In conclusion, the decision of Examiner rejecting Claims               
                                        -12-                                          





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