Ex parte TAKAGI et al. - Page 7




          Appeal No. 1998-2102                                                        
          Application 08/826,039                                                      


          driven in a stable state.”  We find that the aim of Ohnishi’s               
          invention is to adjust the longitudinal and the torsional                   
          frequencies to match each other to achieve a stable state, see              
          col. 2, lines 5 to 10.  Contrary to the Examiner’s assertions,              
          there is no disclosure in Ohnishi that would suggest, let                   
          alone anticipate, a situation where one of the longitudinal                 
          and the torsional frequencies is higher than the other in a                 
          stable operation of the vibration actuator.  Therefore, we do               
          not sustain the anticipation rejection of claim 16 over                     
          Ohnishi.                                                                    
               However, as to claim 17, we reach an opposite result.                  
          Contrasted with claim 16, claim 17 recites that “ a resonance               
          frequency of ... [the] longitudinal vibration ...[be] made                  
          equal to or greater than ... a resonance frequency of ...                   
          [the] bending vibration ....”  We find, as above regarding                  
          claim 16, that Ohnishi does show that Ohnishi manipulates the               
          frequency adjusting means, for example, element 35 in figure                
          5, so that the longitudinal frequency matches with the                      
          torsional frequency in order to achieve a stable operation of               
          the vibration actuator.  Therefore, we sustain the                          
          anticipation rejection of claim 17 over Ohnishi.                            
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