Ex parte USHIYAMA et al. - Page 10




          Appeal No. 1998-1078                                      Page 10           
          Application No. 08/442,532                                                  


          torque ripple of a brushless motor and the motor's trigger                  
          point, are such that the invention would have been obvious.                 
          The answer is no.  The examiner fails to show that the prior                
          art as a whole recognized the relationship let alone its                    
          effect on the reaction delay of the motor.                                  


               Although the examiner is correct in asserting that "Imai               
          et al. ... discloses (col. 10, lines 39-40) the driving                     
          magnets being offset from the frequency generating magnetss                 
          [sic] by 22.5 degrees to prevent faulty operation of a D                    
          latch," (Paper No. 13 at 2), the reference does not refer to                
          an offset torque ripple of a brushless motor let alone its                  
          relationship to the motor's trigger point.  Recognition of the              
          relationship is essential to the obviousness of conducting                  
          experiments to decide the relative positions of the stator                  
          core, the driving magnet pole portion, the FG magnetized                    
          portion, and the FG pattern in a circumferential direction                  
          that will prevent the reaction delay of the motor.  The                     
          examiner offers no basis for the obviousness of the necessary               
          experiments apart from the appellants' disclosure.                          









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