Appeal No. 1999-0893
Application No. 08/683,236
Albrecht reference. The motor structure disclosed in Albrecht
(e.g. Figure 8) has a rotor with teeth on the outer and inner
circumference which are necessarily of differing shape and
pitch since they are used to effect differing motor movement,
i.e. linear or rotary, when acting in conjunction with the
inner and outer stators. In our view, any attempt to modify
the rotor structure of Albrecht to provide teeth of the same
shape and pitch on the inner and outer rotor circumference
must fail the test of obviousness since the benefits of the
Albrecht structure would thereby be negated requiring a
substantial redesign of the motor structure.
In conclusion, we are left to speculate why one of
ordinary skill would have found it obvious to modify the
applied prior art to make the combination suggested by the
Examiner. The only reason we can discern is improper
hindsight reconstruction of Appellants’ claimed invention. In
order for us to sustain the Examiner’s rejection under 35
U.S.C. § 103, we would need to resort to speculation or
unfounded assumptions or rationales to supply deficiencies in
the factual basis of the rejection before us. In re Warner,
379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), cert.
8
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