Ex parte TAKAGI et al. - Page 12




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


          is clear that Mishiro does show that an actuator would operate              
          in a stable state when the longitudinal and the torsional                   
          frequencies are made equal.  Therefore, we sustain the                      
          anticipation rejection of claim 17 over Mishiro.                            
               Claims 24 to 28, and 30 under 35 U.S.C. § 103 over                     
          Ohnishi                                                                     
               After our review of Appellants’ position [brief, pages 12              
          to 13 and reply brief, pages 1 to 3] and the Examiner’s                     
          position [final rejection, page 8 and answer, pages 3 to 4],                
          we agree with Appellants that, for the reasons above regarding              
          16 and Ohnishi, Ohnishi does not make obvious the claimed                   
          features of claim 24, particularly, the limitation of “the                  
          resonance frequency of ... torsional vibration ... being                    
          higher than the resonance frequency of said ... longitudinal                
          vibration ... so that said relative moving member is driven in              
          a stable state.”  Therefore, we do not sustain the obviousness              
          rejection of claim 24 and its dependent claims 25 to 28, and                
          30 over Ohnishi.                                                            
               In summary, we have sustained the anticipation rejection               
          of claims 17 by Ohnishi, claims 17 to 22 by Yamaguchi                       
          (including the alternative obviousness rejection), and claim                
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