Ex parte USHIYAMA et al. - Page 11




          Appeal No. 1998-1078                                      Page 11           
          Application No. 08/442,532                                                  


               Because the examiner fails to show a relationship between              
          the torque ripple of a brushless motor and the motor's trigger              
          point, we are not persuaded that the prior art would have                   
          suggested that "relative positions of said stator core, said                
          driving magnet pole portion, said FG magnetized portion, and                
          said FG pattern in a circumferential direction are set so that              
          a minimum point of a torque ripple of said brushless motor                  
          always occurs at a different time than a point of an output                 
          signal from said FG pattern, said point of said output signal               
          functioning as a trigger for rotation control" or that the                  
          "relative positions ... are set so that a maximum point of a                
          torque ripple of said brushless motor always occurs at the                  
          same time as, a point of an output signal from said FG                      
          pattern, said point of said output signal functioning as a                  
          trigger for rotation control."  Therefore, we reverse the                   
          rejection of claims 1-4 as obvious over AAPA in view of Imai.               
















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