Appeal No. 1998-3369
Application No. 08/546,295
60. They function to sequentially apply the series of
voltages to the h-bridge driver which drives voice coil 36.
Nakatsu, as stated above, fails to generate or apply a
plurality of discrete voltage levels. Therefore, we must
review Onodera for the claimed voltage generation means and
retraction means. Onodera generates a current based on
voltage V and resistor 20 or 21 and applies that current to
relay circuit 2 through motor control circuit 4 and motor
drive circuit 3. Onodera does not disclose any voltage
generator for generating plural voltages nor a 4 bit counter
and two analog multiplexors as disclosed by appellants for the
voltage generation means and retraction means, respectively.
Furthermore, the generation and application of increasing
currents according to the position of the actuator
functionally differs from appellants' generation and
application of multiple voltages, and therefore cannot be
considered equivalents under 35 U.S.C. § 112, paragraph 6.
Accordingly, we cannot sustain the rejection of claims 1
through 3 and 6 through 8.
Claims 4 and 5 depend from claim 1 and therefore include
the limitations found lacking from the combination of Nakatsu
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