Ex parte ERDMAN et al. - Page 9




          Appeal No. 1998-3072                                       Page 9           
          Application No. 08/769,610                                                  


          piece together the teachings of the prior art so that the                   
          claimed invention is rendered obvious.”                                     
          In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed.               
          Cir. 1992) (citing In re Gorman, 933 F.2d 982, 987, 18 USPQ2d               
          1885, 1888 (Fed. Cir. 1991)).  “The mere fact that the prior                
          art may be modified in the manner suggested by the Examiner                 
          does not make the modification obvious unless the prior art                 
          suggested the desirability of the modification.” Id. at 1266,               
          23 USPQ2d at 1784 (citing In re Gordon, 733 F.2d 900, 902, 221              
          USPQ 1125, 1127 (Fed. Cir. 1984)).                                          


               Here, the examiner does not establish that Figures 3(a)-               
          (c), 5, or l0(a)-(i) of Ohi or Figure 6 of Plunkett shows                   
          periods of reduced magnetic coupling, rotational torque, or                 
          operating efficiency, let alone determining such periods and                
          inhibiting power to a winding during the determined periods.                
          He fails to allege, let alone show, that the addition of                    
          Uchiyama or Grouse cures the deficiency of Ohi and Plunkett.                


               Because neither Ohi nor Plunkett teaches determining                   
          periods of reduced magnetic coupling, rotational torque, or                 







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007