Appeal No. 2002-0011 Page 6
Application No. 09/179,643
aligned with the inner wall surface of the stator from the teachings of Faulman and
Harris.
We agree with the examiner (answer, p. 5) that the space between Faulman's
rim 14 and flange 10 does form part of the combustion chamber. Accordingly, the
limitation of claim 1 that "a portion of said peripheral surface of said rotor, a portion of
said inner wall surface of said stator, a respective one of said vanes, and said turning
valve defining a combustion chamber in said rotor housing" is readable on Faulman's
rotary motor as set forth by the examiner.
However, we do not agree with the examiner that it would have been obvious at
the time the invention was made to a person of ordinary skill in the art to have modified
Faulman's rotary motor so that Faulman's reaction resistance members 42 (i.e., turning
valves) are rotatably supported about an axis substantially aligned with the inner wall
surface of the stator from the teachings of Faulman and Harris. In that regard, the
mere fact that the prior art could be modified in the manner suggested by the Examiner
does not make such a modification obvious unless the prior art suggested the
modification. See In re Gordon, supra. In this case, Harris provides no motivation,
suggestion or teaching to so modify Faulman's rotary motor. Instead, it appears to us
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