Ex parte SUZUKI et al. - Page 3




          Appeal No. 1998-1797                                                        
          Application No. 08/609,943                                                  

          artisan, with regard to claims 1-5, adding Elsässer to each of              
          the alternative rejections with regard to claims 6 and 7.                   
               A rejection under 35 U.S.C. 112, second paragraph, has                 
          been withdrawn by the examiner and is no longer before us on                
          appeal.                                                                     
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               We reverse.                                                            
               Both Petersen and Kordik are directed to brushless DC                  
          motors, as is the instant invention.  The examiner points to                
          Figures 7 and 13 and column 11, lines 27-55 of Petersen as                  
          disclosing two position detectors (Hall sensors H1 and H2)                  
          mounted apart by a spatial angle of 45 degrees.  This                       
          satisfies the claimed angle range since the value is between 0              
          and 2B/N   (or 180 degrees) since N, the number of phases, is               
          2 in Petersen.  We agree with the examiner on this point.                   
               The examiner points to Figures 2 and 6 and column 7,                   
          lines 49-54 [sic, 48-53], of Kordik as disclosing three                     
          position detectors (Hall sensors 62, 64, 66) mounted apart by               
          a spatial angle of 60 degrees.  This satisfies the claimed                  

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