Appeal No. 2003-1407
Application No. 09/733,667
The Examiner concludes that it would have been obvious to perform the
manufacturing method of Hartzell wherein the produced commutator has ribs/teeth
comprising a heightwise dimension below the heightwise dimension of the
conductive segment to prevent degradation in performance of the commutator.
(Answer, p. 4).
Appellants have presented several arguments attacking the Hartzell reference
individually. (Brief, pp. 5-6). Obviousness cannot be rebutted by attacking
references individually where the rejection is based upon the teachings of a
combination of references. A reference must be read, not in isolation, but for what it
fairly teaches in combination with the prior art as a whole. In re Merck & Co., 800
F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir. 1986). In the present case, a person
of ordinary skill in the art would have recognized, as stated above, that when the
insulator ribs/teeth of a commutator project above the conductive segments
undesirable contact occurs between the brush and the commutator producing noise
and reduced performance. As stated above, Hartzell discloses the molding of a
cylindrical support, including ribs/teeth, from an electrically insulating phenolic
resinous material. In light of the recognition of poor performance, a person of
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