Ex parte ACQUAVIVA - Page 8




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

          "decreasing transition in magnitude" does not prevent                        
          anticipation under the principles of inherency.                              
               The issue is whether De Filippis discloses, expressly                   
          or by principles of inherency, slots aligned with increasing                 
          and decreasing transitions in the magnitude of magnetic                      
          energy of the permanent magnet elements as claimed.                          
               The fact that the slots of the stator in De Filippis                    
          inherently have a modulation function and that the magnets                   
          inherently have increasing and decreasing transitions in the                 
          density of magnetic energy does not mean that the modulation                 
          function is used to reduce cogging torque unless the claimed                 
          alignment is shown.  De Filippis describes that the                          
          reluctance torque (cogging torque) can be reduced by                         
          selecting the angular extent " for the permanent magnets                     
          "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 4 in the stator" (col. 4, lines 13-16).  Appellant                  
          argues that this is not equivalent to using a modulation                     
          function to reduce cogging torque.  We agree.  De Filippis                   
          only discusses the angular extent of the permanent magnet                    

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