Ex parte TAKAGI et al. - Page 11




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


          Mishiro also discloses (col. 5, lines 31 to 38) that ”[i]t has              
          been difficult to make the respective resonant frequencies of               
          the longitudinal vibration and the torsional vibration ... to               
          coincide with each other, therefore, it has been difficult to               
          generate a well controlled composite vibration” (emphasis                   
          added).  We find that Mishiro therefore manipulates the                     
          physical dimensions of element 33 to assure that the two                    
          frequencies coincide and a stable operation is achieved; see                
          also figure 8 and col. 6, lines 3 to 16.  Therefore, even                   
          though Mishiro in part teaches a conventional actuator with                 
          the two different frequencies, Mishiro fails to teach the                   
          recited limitation that “said relative moving member is driven              
          in a stable state.”  Independent claim 24 contains a                        
          corresponding limitation.  Therefore, we do not sustain the                 
          anticipation rejection of claims 16, 24 to 28, and 30 over                  
          Mishiro.                                                                    
               Regarding claim 17, we reach a different conclusion.                   
          Claim 17 calls for the torsional and the longitudinal                       
          frequencies to be equal to each other, or one greater than the              
          other, and still have the actuator operate in a stable state.               
          From our discussion above regarding claim 16 and Mishiro, it                
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