Ex parte SAVAGE et al. - Page 8

          Appeal No. 1997-3089                                       Page 8           
          Application No. 08/577,839                                                  

          Allegre, alone.  Allegre would appear to meet the limitations               
          of broad independent claim 3.  Allegre discloses an electric                
          motor and a means for generating a magnetic flux.  The means                
          for generating the flux clearly rotates and interacts with a                
          component, e.g., the ring of the stator magnetic circuit.                   
          Vibration is induced in that component.  See column 2, lines                
          22-33, which described vibrations of the ring.  Finally,                    
          Allegre discloses a “means for reducing said vibration”                     
          [Allegre’s damping winding], as broadly as that term is recited             
          in claim 3.  To the extent that we may have applied the Allegre             
          reference in a manner somewhat differently than did the                     
          examiner, this does not constitute a new ground of rejection.               
          In re Bush, 296 F.2d 491, 496, 131 USPQ 263, 267 (CCPA 1961);               
          In re Halley, 296 F.2d 774, 778, 132 USPQ 16, 20 (CCPA 1961).               
               We are not prepared, however, to interpret dependent                   
          claims 4, 11 and 14 so broadly as claim 3.  Because we have no              
          teaching by Allegre or any evidence presented by the examiner               
          that the damping winding of Allegre operates by “utilizing                  
          Lentz’s Law to reduce flux changes which reach said component”              
          [claim 4]; that the motor of Allegre may operate with a DC                  
          current causing the rotor to rotate [claim 11]; or that the                 

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