Appeal No. 2000-0617
Application 08/706,025
experiment is not obviousness. In re O'Farrell, 853 F.2d 894,
903, 7 USPQ2d 1673, 1680-81 (Fed. Cir. 1988). Rather, for
obviousness what is required is a reasonable expectation of
success. In re O'Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673,
1681 (Fed. Cir. 1988); Merck & Co. v. Biocraft Labs., 874 F.2d
804, 809, 10 USPQ2d 1843, 1847 (Fed. Cir. 1989). While it may
have been obvious to try the bearing assembly of Moriwaki in
the Inoue motor assembly, it has not been sufficiently
demonstrated that there would have been a reasonable
expectation of success.
It has not been sufficiently demonstrated that one of
ordinary skill in the art would have had a reasonable
expectation that a bearing assembly for an arm that rotates
back and forth, and not in successive 360 degree turns would
work in an electric motor. The artisan of a bearing assembly
of a rotor for an electric motor knows that such a rotor must
be capable of rotating at high speeds in successive 360 degree
turns. What will work for a rotor in the motor environment,
may not work for a rotor in another environment. Similarly, a
rotor that does not rotate at high speeds in successive 360
degree turns, but rather rotates back and forth, as described
in Moriwaki may not work for a rotor in an electric motor.
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