Ex Parte DU et al - Page 5




            Appeal No. 2003-0025                                                                            
            Application No. 09/019,871                                                                      


            at columns 1 and 2 and in Fig. 2.   We agree with the examiner that it would have been          
            obvious to one of ordinary skill in the art in light of the teachings of Poet regarding the     
            use of a constant or substantially constant force in the longitudinal direction to optimize     
            the life of an electric motor brush.1  Here, we find that the examiner has addressed the        
            limitations of independent claim 1, identified the deficiencies in the prior art and            
            provided a convincing line of reasoning why it would have been obvious to one of                
            ordinary skill in the art to combine the teachings of Poet with Sugai.  Therefore, we find      
            that the examiner has established a prima facie case of obviousness and the burden              
            shifts to appellants.                                                                           
                   The examiner maintains that the motivation to apply the constant force in Poet is        
            that Poet teaches exerting a substantially constant force (Fig. 3) directly on the brush        
            for the purpose of increasing the brush life.  (See answer at pages 4, 6, and 9.)  The          
            examiner relies on Figures 1 and 3 of Poet to teach this substantially constant force, but      
            neither of these figures provides any clear teaching or suggestion of increasing the life       
            of the brush.  We do find that Figure 2 teaches the use of an optimal pressure P0 which         
            reduces the rate of total (mechanical and electrical) brush wear and col. 2 teaches that        
            “maintaining of a constant optimal pressure between the brush and the commutator of             
            an electric motor, resulting in longer life for the brush of the electric motor.”               


                   1  We note that claim 1 does not recite any specific details or specifications of the motor or its
            specific field of use.                                                                          
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