Appeal No. 2002-0816
Application No. 09/442,895 Page 8
(id.) “[a]lso, it is submitted that if this teaching were
substituted, then the claim language that calls for the magnet
carrier to be disposed radially inwardly of the inner periphery
of the armature windings would not be met because the permanent
magnets and the sensing magnets are disposed radially outwardly
of the winding. Thus, even if these three references were
combined, and this combination is most respectfully traversed,
the combination would not meet the claimed language because the
second series of magnets would be disposed radially outwardly of
the armature windings.”
We find that Shirakawa (col. 1, lines 5 and 6) is directed
to a brushless motor for use in a vehicle. As shown in prior art
figure 2, the motor includes a stator core 1, a stator coil 2, a
rotor 3 having a rotor shaft 4 on which a rotor core 5 and a main
magnet 6 are coaxially fixedly mounted. A submagnet 7 is also
fixedly mounted on rotor shaft 4 (col. 1, lines 7-13). As shown
in the embodiment of figure 1, A Hall element 13 is supported by
a holder plate 14 (col. 2, line 29). From this disclosure, we
find that Shirakawa only shows individual magnets 6 and 7, and
does not disclose plural sets of magnets, as recited in claim 1.
We additionally find that Shirakawa does not disclose a magnet
carrier for a second plurality of circumferentially spaced
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