Appeal No. 2000-1951
Application No. 08/980,969
defining a “first magnetic stator pole.” An earlier part of the claim places some limitation
on the magnetic stator poles in the recitation, “said planar structure defining two magnetic
stator poles whose two respective polar expansions define a hole through which said rotor
passes.”
In the examiner’s statement, “the part of the planar structure forming the second
magnetic pole (the part of the stator forming cores 11 and 13) surrounds the portion of the
planar structure which forms the first pole (near the end of core 12) since the planar
structure is continuous around its perimeter” [answer-page 4], it is not clear to us how the
alleged second magnetic pole (the part of the stator forming cores 11 and 13) and first
magnetic pole (the structure near the end of core 12) have polar expansions which define
the hole through which the rotor passes, as required by the instant claim language.
Since the examiner has not convinced us that Xuan discloses the stator planar
structure, as claimed, we will not sustain the rejection of claims 1 and 2 under 35 U.S.C. §
102(b) and, accordingly, we will not sustain the rejection of claims 3-10 under 35 U.S.C. §
103.
The examiner’s decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
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