Ex Parte BAINES - Page 4




          Appeal No. 2001-0648                                                        
          Application No. 07/702,615                                                  


          (Paper No. 59) for the respective positions of appellant and the            
          examiner.                                                                   


                                       OPINION                                        


               At the outset, we note that in accordance with appellant’s             
          grouping of the claims, at page 4 of the brief, claims 48, 51-58,           
          60-67, 72 and 75-79 will stand or fall together and claim 93 will           
          stand or fall alone.                                                        
               We further note that while the appendix to the brief shows             
          claim 53 depending from a nonexistent claim 43, claim 53 should             
          depend from claim 48.                                                       
               Turning first to claim 48, the examiner takes the position             
          that Mabuchi teaches a motor having two sets of diametrically               
          opposed brush assemblies wherein each assembly has two brushes 1            
          contacting the same segment 4 of a cylindrical commutator.  The             
          examiner identifies each brush as having a brush body 1 and a               
          support arm 2.  However, the examiner recognizes that Mabuchi               
          does not disclose that each support arm is of a different                   
          resonant frequency due to different materials.  Thus, the                   
          examiner turns to Kojima for a teaching of brush arms with                  
          different weights due to different dimensions.  The examiner                

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