Ex parte SROMIN et al. - Page 10




          Appeal No. 96-1301                                                          
          Application 08/175,078                                                      
          arrangement is shown in Figs. 9, 10 and 17, where the magnets               
          are alternating in polarity on the same side.  The examiner                 
          has not shown where Takahashi teaches that the polar                        
          orientation of the magnets on opposing faces of the central                 
          member is co-directional.                                                   
               We agree with appellants that the Takahashi disclosure is              
          limited to a discussion of one side of the central member.                  
          The Takahashi reference is silent with respect to the                       
          orientation of the magnets attached to the opposite faces of                
          the central member.  Polar orientation is discussed only with               
          respect to magnets on one side.  The examiner may not resort                
          to speculation to produce the missing parts.  The rejection                 
          based on Takahashi is without merit.                                        
                                     Conclusion                                       
               The rejection of claim 22 under 35 U.S.C. § 112, second                
          paragraph is affirmed.                                                      
               The rejection of claims 1-5, 7-15, 17-19, 21 and 22 under              
          35 U.S.C. § 102(a) or 102(b) as being anticipated by Hawsey is              
          affirmed.                                                                   
               The rejection of claims 1-5, 7-15, 17-19, 21 and 22 under              
          35 U.S.C. § 102(a) or 102(b) as being anticipated by Takahashi              
          is reversed.                                                                
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