Ex parte TAKAGI et al. - Page 10




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


          of claim 16 over Iijima.                                                    
               However, claim 17 recites that the longitudinal and the                
          torsional frequencies may be equal to, or different from, each              
          other and a stable operation prevails in both cases.  We have               
          found above that Iijima does show that a stable operation of                
          the actuator will be achieved when the two frequencies are                  
          made equal.  Therefore, we sustain the obviousness rejection                
          of claim 17 and its grouped claims 18 to 22 over Iijima.                    
               Claims 16, 17, 24 to 28, and 30 under 35 U.S.C. § 102                  
          over Mishiro                                                                
               Since the scope of independent claim 17 is different from              
          the scope of each of the independent claims 16 and 24, we will              
          treat claim 17 separately.  We first treat claim 16.  Claim 16              
          calls for one of the resonance frequencies of the longitudinal              
          and the torsional vibration to be higher than the other and                 
          still enable the actuator to operate in a stable state.                     
          Contrary to Appellants’ arguments [brief, pages 10 to 12], we               
          agree with the Examiner [final rejection, pages 7 to 8] that                
          Mishiro, at col.5, lines 16 to 30, shows that a conventional                
          actuator could have one frequency higher than the other (21.3               
          vs 13.2 kHz).  However, on the other hand, we find that                     
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