Ex parte BONIN - Page 10


                   Appeal No. 1998-2947                                                                                                
                   Application No. 08/682,876                                                                                          




                   magnetic fields.  The examiner then combines this with the teaching of Welch in                                     
                   order to improve efficiency and increase torque.                                                                    
                           Appellant's response is to argue that Jacobsen fails to consider the effect of                              
                   large air gaps while appellant Arelies on the large forces developed by small gap                                   
                   solenoids and provides a mechanism to efficiently realize the potential                                             
                   afforded by the repelling forces [brief-page 8].  However, appellant fails to point                                 
                   to any particular structure in the instant claims on which he relies and it appears that                            
                   appellant is again arguing limitations which do not appear in the claims.                                           
                   Accordingly, we will sustain the examiner's rejection of claim 2 under 35 U.S.C.                                    
                   § 103.                                                                                                              
                           Claim 3 adds the limitation that the number of stator poles is one more than                                
                   the number of roller poles.  While recognizing that the combination of Welch and                                    
                   Jacobsen does not provide for this limitation, the examiner notes that Welch                                        
                   suggests that the revolutions of the output shaft are dependent on the relative                                     
                   diameters of the stator, rotor and output shaft ring and that these parameters could                                
                   then be varied to produce the required output to match with the number of stator                                    
                   poles.  However, since Burgbacher teaches, at column 2, lines 36-45, that the                                       
                   number of stator poles should be one greater than the number of rotor poles in                                      
                   order to reduce torque fluctuations, the examiner held it                                                           





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