Appeal No. 1998-0506
Application 08/314,994
We refer to the Final Rejection (Paper No. 17) and the
Examiner's Answer (Paper No. 25) (pages referred to as
"EA__") for a statement of the Examiner's position and to
the substitute Appeal Brief (Paper No. 24) (pages referred
to as "Br__") for a statement of Appellant's arguments
thereagainst.
OPINION
"Anticipation is established only when a single prior
art reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention."
RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
Appellant argues (Br13):
[T]he De Filippis reference fails to disclose or
suggest utilizing a modulation function to modify the
distribution of the density of magnetic energy in an
air gap in each slot of the stator to reduce the
reluctance torque of a permanent magnet motor.
Applicant submits that the De Filippis patent proposes
a means for reducing the reluctance torque of the motor
by setting the angular extent to be substantially equal
to b of the pole pitch. In column 4, De Filippis
details his solution for reducing the reluctance torque
that by setting the angular extent, ", between a
minimum value substantially equal to b of the pole
pitch, J, and a maximum value of b of the pole pitch,
J, plus ½ of the angular extent, t, of the openings of
the recesses in the stator, a reduction in the
reluctance torque is realized. Applicant submits that
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