Appeal No. 2003-0121
Application No. 09/143,318
matter recites more than merely forming parts of an ultrasonic
motor of insulating material; it requires a certain structural
configuration. For example, both independent claims 1 and 13
require “the ultrasonic motor being mounted to a conductive
member through which a power supply current is passed from the
power supply to the electrical device.” Yet, even though
specifically argued by appellants, the examiner has made no
effort to explain where this is taught by the applied references.
The claims also recite “wherein the ultrasonic motor is mounted
to the conductor such that a current path would exist between the
conductor and an electrode of the piezoelectric element if the
components of the ultrasonic motor were formed of conductive
materials...” Yet, the examiner also never comes to grips with
this limitation, though appellants have argued the limitation in
both the principal and reply briefs.
We do not mean to imply, one way or another, that the
instant claimed subject matter is patentable or unpatentable over
the applied references. We merely point out that the examiner
has not met his burden of establishing a prima facie case of
obviousness and, as such, we will not sustain the examiner’s
rejection of claims 1-8 and 10-21 under 35 U.S.C. § 103. It is
not the job of this Board to review six references, with no
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