Appeal No. 1998-3072 Page 8
Application No. 08/769,610
pertinent part the following limitations: "determining periods
of reduced operating efficiency during each cycle of applied
power ... and inhibiting the application of power to all of
the winding means during at least part of that segment of each
cycle of applied power when reduced operating
efficiency would otherwise result ...." Accordingly, claims
1-5, 7-14, 23-25, 33, 34, 75, and 76 require determining
periods of reduced magnetic coupling, rotational torque, or
operating efficiency, and inhibiting power to a winding during
the determined periods.
The examiner fails to show a suggestion of the
limitations in the prior art. “Obviousness may not be
established using hindsight or in view of the teachings or
suggestions of the inventor.” Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239
(Fed. Cir. 1995), cert. denied, 519 U.S. 822 (1996)(citing
W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540,
1551, 1553, 220 USPQ 303, 311, 312-13 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984)). “It is impermissible to use the
claimed invention as an instruction manual or ‘template’ to
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