Ex parte EISELE - Page 4




          Appeal No. 97-0210                                                          
          Application No. 08/157,050                                                  


          Accordingly, we will consider claims 1, 2, and 22 as                        
          representative of the three groups, respectively, with claims               
          23 and 24 standing or falling with claim 1 and claims 3                     
          through 21 standing or falling with claim 2.                                
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by the appellant and the examiner.  As a consequence of our                 
          review, we will reverse the indefiniteness rejection of claims              
          11 through 21, 23, and 24; the anticipation rejection of claim              
          11 over Viandon; and the obviousness rejection of claims 12                 
          through 22; and affirm the anticipation rejection of claim 11               
          over Demeter and the obviousness rejection of claims 23 and 24              
          over Demeter.                                                               
               Claim 11 recites "a regulating device . . . adapted to                 
          continuously adjust a speed of rotation of said motor, within               
          a predetermined speed range by decreasing a voltage supplied                
          to said motor."  The examiner rejects the claims as being                   
          indefinite, stating (Answer, page 6) that "the claims omits                 
          [sic] essential elements or steps" because "one can not solely              
          operate a motor speed device by only 'decreasing a voltage                  
          supplied to said motor.'  One must recite the ability to                    
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