Appeal No. 1999-0893
Application No. 08/683,236
modification. In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d
1780, 1783-84 (Fed. Cir. 1992).
The Albrecht reference discloses a motor in which
rotational and linear motion is provided in a single motor
structure by having a rotor annularly configured between inner
and outer stator elements. Nihei, on the other hand,
discloses separate stator and rotor structures (e.g. Figures 1
and 6) for effecting linear and rotary movement. In our view,
these structural teachings are so opposite in approach that
any motivation to combine them must have resulted from an
improper attempt to reconstruct Appellant’s invention in
hindsight. We find further deficiency in Nihei in providing
any suggestion for the Examiner’s proposed combination since
the only embodiment that provides for teeth on both sides of a
movable element is in the linear motor embodiment, not in the
rotary motor embodiment where teeth are only provided on the
outer circumference of the rotor.
We further agree with Appellant (Reply Brief, page 4)
that the Examiner’s proposed combination fails to establish a
prima facie case of obviousness since such proposed
combination would destroy the principle of operation of the
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