MacMinn. MacMinn teaches that the turn-on and turn-off angle
both vary depending on the load and speed of the SRM.
Therefore, Stephens’ system also varles the turn-on and turn-
off angle and fails to teach enabling the switching means at a
fixed angle prior to alignment of a rotor pole with the
energized stator pole and disabling the switching means at a
fixed angle after alignment of the rotor pole with the
energized stator pole as recited in Appellants' claims.
The Federal Circuit states that "[t]he mere fact that the
prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900,
902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
We find that the Examiner has failed to show that the
prior art taught or suggested enabling the switching means at
a fixed angle prior to alignment of a rotor pole with the
energized
14
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