Ex parte ACQUAVIVA - Page 6




          Appeal No. 1998-0506                                                         
          Application 08/314,994                                                       

               The "modulation function" is described in the                           
          specification as follows (specification, page 8, lines 4-7,                  
          referring to figure 2; see also page 4, lines 30-34):                        
          "function of permeance g(x) comprises a modulation function                  
          that represents the effects of the reluctance of the slots                   
          in the stator on the density of magnetic energy".  As far as                 
          we can tell, all slots of a stator inherently have a                         
          "modulation function" inherently "functioning to modify the                  
          distribution of the density of magnetic energy in the air                    
          gap" as recited in claim 1.  That De Filippis does not                       
          mention a "modulation function" does not prevent                             
          anticipation under the principles of inherency.  It also                     
          seems that the uniform stator slots in De Filippis would                     
          inherently have a "modulation function which has a local                     
          development symmetrical to a radial plane passing through                    
          the center of the slot" as recited in claim 1.  However,                     
          this limitation has not been argued and is not addressed.                    
          See 37 CFR § 1.192(c)(8)(iii) (1995) ("For each rejection                    
          under 35 U.S.C. 102, the argument shall specify the errors                   
          in the rejection and why the rejected claims are patentable                  
          under 35 U.S.C. 102, including any specific limitations in                   

                                        - 6 -                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007