Ex parte SAYA - Page 4




          Appeal No. 1999-0861                                                        
          Application No. 08/916,413                                                  


          30), the final rejection (paper number 23) and the answer                   
          (paper number 29) for the respective positions of the                       
          appellant and the examiner.                                                 
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will sustain the 35 U.S.C. § 102(e) rejection of claims              
          1, 2, 4 through 8, 10 through 12, 19 and 20, and we will                    
          reverse the 35 U.S.C. § 102(e) rejection of claims 13 through               
          18 and 21, and the 35 U.S.C. § 103 rejection of claims 3 and                
          9.                                                                          
               Suganuma discloses an ultrasonic vibration motor that is               
          controlled to “maximize the start torque” (column 30, line                  
          7 through column 32, line 16).                                              
               Appellant argues (brief, page 6) that after the maximized              
          starting torque is reached in Suganuma, the torque of the                   
          vibration motor is maintained constant, and the vibration                   
          motor is not controlled to reach a target speed.                            
               Appellant’s argument to the contrary notwithstanding,                  
          Suganuma clearly explains that after the vibration motor is                 
          started with the maximum start torque, the motor may be driven              
          at a constant speed or it may be “accelerated under the                     
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