Ex parte SCHOEPE - Page 6




                 Appeal No. 1997-2508                                                                                                                   
                 Application 08/329,463                                                                                                                 




                          We affirm the examiner’s rejection of claims 4 through 6.                                                                     


                          Claims on appeal are interpreted as broadly as their                                                                          
                 terms allow, without reading limitations from the                                                                                      
                 specification into the claims.  See In re Zletz, 893 F.2d 319,                                                                         
                 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) and Sjolund v.                                                                              
                 Musland, 847 F.2d 1573, 1581-1582, 6 USPQ2d 2020, 2027 (Fed.                                                                           
                 Cir. 1988).  Thus, we comprehend the subject matter of claims                                                                          
                 4 and 6 as clearly and broadly encompassing at least two                                                                               
                 magnets only circumferentially spaced and not axially spaced,                                                                          
                 and as permitting other magnets within the frame to be present                                                                         
                 and spaced therefrom.                                                                                                                  


                          Applying the test for obviousness,  while taking into        4                                                                
                 account our above understanding of the content of appellant’s                                                                          
                 claimed subject matter, we reach the conclusion that it would                                                                          

                          4The test for obviousness is what the combined teachings                                                                      
                 of references would have suggested to one of ordinary skill in                                                                         
                 the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,                                                                          
                 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208                                                                         
                 USPQ 871, 881 (CCPA 1981).                                                                                                             

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