Ex parte IWATA et al. - Page 7




          Appeal No. 1997-3253                                                        
          Application 08/357,196                                                      


               We note that in the Examiner's answer, the Examiner                    
          relies on Sobiepanek for the teaching of placing the                        
          thermistor in the vicinity of the electric motor so that the                
          electric motor will heat the thermistor.  Upon a closer                     
          reading of Sobiepanek, we find that Sobiepanek teaches away                 
          from the Examiner's findings.                                               
               In column 1, lines 16-21, Sobiepanek teaches that when                 
          the current intensity increases in the circuit, the prior art               
          thermistor undergoes a temperature rise which tends to reduce               
          the supply current as well as the terminal voltage of the                   
          excited winding possibly to such an extent that this winding                
          is put out of service.  In column 1, lines 43-49, Sobiepanek                
          teaches that one of the objects of Sobiepanek's invention is                
          to propose an electric motor in which the provision is made                 
          for an overcurrent protection device comprising thermistors,                
          in which the voltage supply to the windings is not totally                  
          affected at the time of a momentary stoppage and which is                   
          capable of restarting rapidly after the cause of said stoppage              
          has been removed.  In column 1, lines 50-64, Sobiepanek                     
          teaches that in order to achieve this object, the electric                  
          motor proposed in accordance with the invention comprises a                 
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