Ex parte HOLLENBECK - Page 3




                 Appeal No. 98-0984                                                                                                                     
                 Application 08/428,561                                                                                                                 



                 (1) Claims 1 to 4, 13, 15 to 17 and 20, Voss in view of Ruff;2                                                                         





                 (2) Claim 9, Voss in view of the Admitted Prior art;                                                                                   
                 (3) Claim 14, Voss in view of Shaw.                                                                                                    
                 Rejection (1)                                                                                                                          
                                   The basis of this rejection is stated by the exam-                                                                   
                 iner on pages 2 to 3 of the final rejection (Paper No. 9) as                                                                           
                 follows:                                                                                                                               
                                   Voss discloses the invention substantially                                                                           
                                   as claimed.  Voss discloses a refrigeration                                                                          
                                   system having a hermetically sealed vari-                                                                            
                                   able speed compressor with motor 72, power                                                                           
                                   switching circuit 46, electronic commutat-                                                                           
                                   ing circuit 44 and Hall effect position                                                                              
                                   sensing circuit 68 within the sealed com-                                                                            
                                   pressor housing wherein the refrigerant                                                                              
                                   circulating within the system is used to                                                                             
                                   cool the motor, electronic and power cir-                                                                            
                                   cuits. . . . Voss states that the position                                                                           
                                   sensing circuit can be located at any loca-                                                                          

                          2In the final rejection the examiner rejected claims 15                                                                       
                 and 16 as unpatentable over Voss in view of the Admitted Prior                                                                         
                 Art, even though they were dependent on claim 1.  We have                                                                              
                 included them under rejection (1) since they were treated in                                                                           
                 both the appellant's brief and the examiner's answer as having                                                                         
                 been rejected as unpatentable over Voss in view of Ruff.                                                                               
                                                                           3                                                                            





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