Ex Parte BAINES - Page 5




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


          contends that it is “inherent” [answer-page 4] that the different           
          brush arms cause a reliable brush contact with the commutator.              
          However, the examiner recognizes that Kojima does not teach                 
          making the brush arms of different materials.  The examiner turns           
          to Takeshita for a teaching of “the equivalency of different size           
          brushes, brushes of different materials, and a slit in one of the           
          brushes to change the resonant frequency between two brush arms”            
          [answer-page 4].                                                            
               The examiner concludes that it would have been obvious to              
          construct the motor of Mabuchi with brush arms having different             
          resonant frequencies due to different materials in the brush arms           
          because Kojima teaches “that different resonant frequencies in              
          adjacent brushes reduces (sic) noise and unequal rotation in a              
          motor and because [Takeshita] teaches the equivalence of changing           
          the resonance frequency in two brush arms by different size brush           
          arms, different materials in the brush arms, and a slot in one of           
          the brush arms, where selection of know (sic, known) equivalents            
          is within the ordinary skill in the art” [answer-page 4].                   
               Appellant contends that Mabuchi does not have a brush body,            
          as contended by the examiner because Mabuchi is directed to                 
          fingerleaf brushes while the instant claims are directed to a               
          brush assembly of the type having support arms with “each arm               

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