Ex parte BULARCA - Page 6




          Appeal No. 1997-2836                                                        
          Application No. 08/106,009                                                  


          reference laminations serve entirely different purposes, i.e.               
          to permanently receive a clamp or claiming bolt for holding                 
          the laminations together in their final assembled                           
          configuration (Radtke, Frank), or to engage a mechanism for                 
          releasing lamination punchings from a magazine (Mittermaier).               
          Thus, we find no teaching or suggestion in the prior art to do              
          what appellant has done, namely, to form at least one notch                 
          along an edge of a lamination so that the notch is positioned               
          to engage the chock of a die in a press fit bonding operation.              
          According to appellant, this particular arrangement eliminates              
          the need for precision cutting the entire edge of the                       
          lamination, and thereby minimizes the amount of scrap                       
          generated in cutting the lamination to fit between the chocks               
          of a die.                                                                   
               In view of the foregoing, we reverse all of the                        
          rejections at issue.  However, it is clear that the examiner                
          has not paid due regard to the scope of claims 17-21 and 24-25              
          which define a laminated assembly in product-by-process terms.              
          Accordingly, we remand the application to the examiner for an               
          appropriate independent consideration of each of those claims               
          bearing in mind that, as regards product-by-process claims,                 
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