Ex parte EISELE - Page 10




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


          asynchronous, but Demeter does not disclose two speed ranges,               
          one with a continuous change in the speed and the other with a              
          stepwise change in the speed, both for an asynchronous motor.               
          Accordingly, we must reverse the obviousness rejection of                   
          claims 2 through 22.                                                        
               Similarly, claim 22 recites an upper speed range in which              
          the speed is adjusted stepwise and a lower speed range in                   
          which the speed is adjusted continuously.  As previously                    
          stated, Demeter does not disclose a continuous and a stepwise               
          speed range for an asynchronous motor.  Therefore, we cannot                
          sustain the rejection of claim 22.                                          
               Under the provisions of 37 CFR § 1.196(b), we enter the                
          following new ground of rejection against appellant's claims                
          11 through 21, 23, and 24:                                                  
               Claims 11 through 21, 23, and 24 are rejected under                    
          35 U.S.C. § 112, first paragraph, for the reasons explained                 
          above.                                                                      


                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 11 through               
          21, 23, and 24 under 35 U.S.C. § 112, second paragraph; claim               
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