Ex parte DUNCAN - Page 6




          Appeal No. 1998-0212                                       Page 6           
          Reissue Application No. 07/837,588                                          


                         (d)       sensing load on said rotor by                      
               measuring the time the rotor takes to run down in                      
               speed from a motor power off condition to a speed                      
               condition in which application of power to the motor                   
               will cause reversal of rotation of the rotor                           
               constituting a condition for reversal.                                 

               Claims 35-74, 76-85, 87, 88, 90-107, 109, 110, and 112-                
          144 stand rejected under 35 U.S.C. § 251 as not being based on              
          an error correctable by reissue of the original patent.                     
          Rather than repeat the arguments of the appellant or examiner               
          in toto, we refer the reader to the briefs and answer for the               
          respective details thereof.                                                 


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejections advanced by                
          the examiner.  Furthermore, we duly considered the arguments                
          and evidence of the appellant and examiner.  After considering              
          the totality of the record, we are persuaded that the examiner              
          erred in rejecting claims 35-74 and 76 and 121-144.  We are                 
          not persuaded, however, that he erred in rejecting claims 77-               
          85,                                                                         









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