Appeal No. 2003-1407
Application No. 09/733,667
ordinary skill in the art would have been motivated to mold the ribs/teeth of the
cylindrical support to a height that would not exceed the conductive segments.
Appellants argue that “[o]ne would not look to Ito et al. to modify Hartzell
since in Ito et al. the insulating material 3 in slits 2 is not part of the body 4 and is
thus not molded as part of the body 4.” (Brief, p. 6). This argument is not
persuasive because Hartzell recognized the interchangeability of forming the
ribs/teeth by molding or by inserting insulating bars. (See Col. 2).
Appellants argue that both Hartzell and Ito teach cutting material as a final
step of making the commutator. However, in the claimed method the height of the
rib and commutator segment thickness are taken into account. (Reply Brief, p. 3).
This argument is not persuasive because claim 9 includes the transitional
phrase “comprises” in defining the claimed subject matter. When a claim uses
“comprises” as its transitional phrase, that use creates a presumption that the recited
limitations are only part of the claimed subject matter and do not exclude additional,
unrecited elements. Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 1271,
229 USPQ 805, 812 (Fed. Cir. 1986). The description of the heightwise dimension
of the rib in claim 9 does not preclude the use of a subsequent step.
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007