Appeal No. 1998-2947
Application No. 08/682,876
Figures 3-5 and column 3, lines 35-56 of Welch.
Appellant also argues that there is an air gap between the stator and roller in
the instant invention that remains constant for all poles regardless of roller location
and that this is a principal feature of the instant invention which
allows for high torque and high power density. Appellant points out that Welch does
not describe the use of repelling forces to increase torque or efficiency and that
Welch has a variable air gap which would preclude realizing the benefits of utilizing
the repulsive forces [brief-page 6].
Whether or not appellant's allegations are true, the argument is again
unpersuasive because it is based on limitations not appearing in claim 1. The
claim recites nothing about an air gap, constant or otherwise.
Finally, appellant argues that Welch is designed to be used as a stepper
motor and is not concerned with the eccentric forces generated by a single offset
roller if driven to provide steady state output revolutions whereas the instant
invention is Aintended to supply steady state output revolutions [brief-page 7].
Once again, appellant presents an argument directed to limitations which do not
appear in the claim. Accordingly, since all of appellant's arguments regarding
independent claim 1 are directed to limitations not appearing in the claim, the
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