Ex parte ERDMAN et al. - Page 3




          Appeal No. 1997-0397                                                        
          Application 07/863,900                                                      

               series with said winding turns during energization thereof             
               whereby the power output of a given hardware assembly may be           
               preselectively determined, at the time of manufacture and              
               interconnection with the control circuit by the capacitance            
               value of said capacitor in the control circuit.                        

               The Examiner relies on the following prior art:                        
               Sato                4,600,864             July 15, 1986                
               Gerfast             4,929,871              May 29, 1990                
               Claim 66 stands rejected under 35 U.S.C. § 103 as being                
          unpatentable over Sato and Gerfast.  The rejection is stated in Final       
          Rejection (Paper No. 16).  The Examiner finds that Sato discloses a         
          brushless DC motor essentially as claimed except for providing a            
          capacitor in series with the motor winding.  The Examiner finds that        
          Gerfast discloses, at column 2, lines 36-41, providing a control            
          circuit having capacitor in series with the winding of a brushless DC       
          motor, where the size is selected to match the load, and observes           
          that the capacitor 28 (figure 2) in Gerfast is connected between the        
          AC input and the rectifying portion of the motor drive circuit just         
          as capacitor 127 is connected between the AC input and the rectifier        
          128 in Appellants' invention.  The Examiner concludes that it would         
          have been obvious to provide a capacitor in series with the motor           
          winding of Sato in order to control the amount of current supplied to       
          the motor, as disclosed by Gerfast.  The Examiner further reasons           

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