Ex Parte CHLOUPEK et al - Page 10



          Appeal No. 2001-0294                                                         
          Application No. 09/004,399                                                   

          motor can be braked in the right direction.  Therefore, Aoshima              
          does not use clock pulses to activate a tach braking circuit to              
          brake the motor when the speed of the motor has been determinated            
          to have slowed to an actual predetermined spinning velocity.                 
               We agree with Appellants’ assertion (brief, page 8) that                
          the combination of Sander, Davie and Aoshima fails to teach or               
          suggest using clock pulses to activate a tach braking circuit to             
          brake the motor.  As discussed above, none of the references                 
          recognize the importance of “activating a tach braking circuit to            
          brake the motor by using clock pulses” when the motor is                     
          determined to have reached a set velocity.  Therefore, contrary              
          to the Examiner’s position, using clock pulses for activating a              
          tach braking circuit, as recited in claim 1, cannot be derived               
          from the combination of the references.                                      
               In view of our analysis above, we find that the Examiner has            
          failed to set forth a prima facie case of obviousness with                   
          respect to claim 1 because the necessary teachings and                       
          suggestions related to the claimed use of clock pulses are not               
          shown.  We note that independent claims 7 and 15 include similar             
          limitations related to “a tach braking circuit to brake said                 



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