Ex Parte KLODE - Page 2




              Appeal No. 2001-1309                                                                                      
              Application No. 08/964,780                                                                                


              are made to deliver current to a rotor of that motor, such that motor speed is caused to                  
              remain substantially constant during the initial period, to progressively decrease during                 
              the middle period, and to remain substantially constant during the final period.                          
                     Representative independent claim 5 is reproduced as follows:                                       
                     5.  In an automotive vehicle, the improvement comprising:                                          
                            a)   a drive train in which wear causes play to arise;                                      
                            b) a motor for driving the drive train, and having a lifetime which is                      
                     definable into three periods: initial, middle, and final;                                          
                            c) brush means for delivering current to a rotor of the motor, and                          
                     which causes motor speed to                                                                        
                                   i) remain substantially constant during the initial period;                          
                                   ii) progressively decrease during the middle period; and                             
                                   iii) remain substantially constant during the final period.                          
                     The examiner relies on the following references:                                                   
                     Onodera                     5,446,324                   Aug. 29, 1995                              
                     Suriano                     5,852,352                   Dec. 22, 1998                              
                                                                      (filed Apr. 11, 1997)                             
                     Additionally, the examiner relies on “common knowledge in the art.”                                
                     Claims 5-7 and 11-14 stand rejected under 35 U.S.C. § 103.  As evidence of                         
              obviousness, the examiner offers Suriano with regard to claims 5 and 11, further relying                  
              on “common knowledge in the art” with regard to claims 6, 7 and 13.  With regard to                       


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