Appeal No. 1998-0647 Application 08/414,004 examiner's common view that the claimed rotary shaft is the rotor 1 of Figure 1 of Kawashima and the magnetic bearing means in turn comprises electromagnets 2a, 2b. The examiner takes the additional view at page 4 of the answer that the rotor 1 also comprises the motor of the claim and that the same electromagnets 2a, 2b provide the magnetic bearings associated therewith, thus, meeting the feature of "a combined motor and magnetic bearing device." We disagree. To the extent that the combined motor and the magnetic bearing device of the claim may comprise rotor 1 and electromagnets 2a, 2b of Kawashima, there is no remaining teaching or showing of the reference to comprise the claimed rotary shaft and the magnetic bearing means of representative independent claim 1 on appeal. The examiner can't have it both ways. The examiner does not rely upon the feature at column 3, lines 49-52 that "the rotor 1 is rotated by an unillustrated induction motor while being held afloat in accordance with the target value (C)" which has been computed to be the midpoint between two limit positions in accordance with the logic of the flow chart in Figure 2 of Kawashima. Again, even according to this teaching of a separate motor in addition to 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007