Ex parte ACQUAVIVA - Page 9




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

          and does not disclose the relationship of the slots to the                   
          magnet.  Figure 3 of De Filippis does not show the slots                     
          aligned with the ends of the magnets.  Furthermore, because                  
          the magnet can have a range of angular extent, one of                        
          ordinary skill in the art would not have been taught to use                  
          the specific claimed spacing and would not have been put in                  
          possession of the invention.                                                 
               De Filippis also describes reducing the reluctance                      
          torque by selecting the plates of the stator of a "size such                 
          that the material constituting the plates operates in                        
          conditions of maximum magnetic permeability ()" (col. 4,                     
          lines 24-26).  Appellant argues that this is not equivalent                  
          to using a modulation function to reduce cogging torque.  We                 
          agree.  The selection of material has nothing to do with                     
          alignment of the slots relative to the magnets.                              












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