Appeal No. 1999-0893
Application No. 08/683,236
denied, 389 U.S. 1057 (1968), rehearing denied, 390 U.S. 1000
(1968). 2
Accordingly, since we are of the opinion that the prior
art applied by the Examiner does not support the obviousness
rejection, we do not sustain the rejection of appealed claim
1. Therefore, the decision of the Examiner rejecting claim 1
under 35 U.S.C. § 103 is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
)
2 At the oral hearing on May 9, 2001, Appellant’s representative was
informed of our consideration of the references to Welburn (U.S. Patent No.
4,501,980) and Akira (Abstract of Japanese Patent Publication JP 02237456),
both of record in the application file. Each of these references, along with
Appellant’s admitted prior art illustration in Figure 2 of the drawings,
describes rotor teeth of the same shape and pitch provided on the inner and
outer circumferences of a rotor. While each of these disclosures provides a
better teaching of the claimed rotor teeth structure than the Nihei reference
applied by the Examiner, it is our view that an attempt to combine any of
these references with Albrecht would fail for all of the reasons discussed
supra.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007