Appeal No. 1997-2852
Application No. 08/354,454
13, 1996, that rotation of Miyatake's magnetic field
generators would be difficult if not impossible to accomplish,
as evidence that the skilled artisan would need more guidance
than is disclosed for how to move a rotatable magnetic field
generator up and down. However, there is an enormous
difference between making a single rotatable magnet move up
and down and making the dual coil magnet of Miyatake
rotatable. Although the former appears to be achievable by
the skilled artisan, we agree with appellants that the latter
is beyond the skilled artisan's ability. Accordingly, we must
reverse the enablement rejection of claims 2 through 4.
Regarding the obviousness rejection, as pointed out by
appellants (Brief, pages 6-7), the magnetic field generators
of Miyatake do not change positions "to provide said plurality
of magnetic field intensities," as required by claim 4.
Instead the magnetic field generator in Miyatake's third
embodiment, upon which the examiner relies, includes two
coils, 37 and 43, to which current is selectively applied to
vary the intensity of the magnetic field (see column 16, lines
14-42). The different intensities are obtained by switching
the current from one coil to another. Therefore, contrary to
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