Ex Parte HIGHTOWER et al - Page 3




              Appeal No. 2002-1984                                                                  Page 3                
              Application No. 09/438,909                                                                                  


              by the motor 28 and a solenoid (column 5, line 36) for stopping the rotation of the                         
              flywheel to thereby stop the rotation of the motor 28 and, consequently, the motor drive                    
              pinion 26 and drive train 24 coupled thereto to thereby prevent rotation of the output                      
              coupler 14.  We note, however, that the majority of Hanley’s disclosure is directed to a                    
              preferred embodiment wherein a piezoelectric beam 60, instead of a solenoid, is used                        
              to engage and stop the rotation of the flywheel 68.  According to Hanley, the advantage                     
              of the piezoelectric brake device over a solenoid is that it achieves substantial savings                   
              in power.                                                                                                   
                     Appellants argue that the subject matter of claim 1 is not anticipated by Hanley                     
              because (1) Hanley does not disclose and, in fact, teaches away from the use of a                           
              solenoid to brake the flywheel 68 (brief, pages 10-12) and (2) Hanley discloses no                          
              association, physically or functionally, of the braking element 58 with the output coupler                  
              143 (brief, page 5).  For the reasons explained below, we do not agree with either of                       
              these arguments.                                                                                            
                     As for appellants’ argument that Hanley does not disclose the use of a solenoid                      
              to brake the flywheel 68, we note that Hanley teaches, in column 5, lines 33-38, that                       
                            it is important to note that by utilizing the above-described                                 
                            novel piezoelectric brake device 58 instead of the drive                                      
                            motor 28 or a solenoid (not shown) to stop the rotation of the                                
                            flywheel 68, and thus maintain the damper in the desired                                      
                            position, a substantial savings in power is realized.                                         



                     3 Appellants’ reference to an “output coupling 24" on page 5 is apparently an inadvertent error.     





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