Ex Parte Hahn et al - Page 14




               Appeal No. 2003-1836                                                                         Page 14                   
               Application No.10/085,590                                                                                              


                       Here, claim 22 recites in pertinent part the following limitations: "stop[ping] a                              
               motor for driving said compressor."  Giving the claim its broadest, reasonable                                         
               construction, the limitations require stopping a motor for driving the compressor in                                   
               response to a fault.                                                                                                   


                                                 b. Obviousness Determination                                                         
                       Having determined what subject matter is being claimed, the next inquiry is                                    
               whether the subject matter would have been obvious.  Here, we agree with the                                           
               examiner's finding that Persem stops a motor for driving its compressor in response to                                 
               a fault.  As aforementioned, the reference shuts down the motor and sets the state to                                  
               CYCLEOFF when the compressor's capacity exceeds the load.  Col. 12, ll. 13-16.  We                                     
               find that Millet also stops a motor for driving its compressor in response to a fault.  As                             
               also aforementioned, the reference stops operation of the scroll machine once an                                       
               undesirable characteristic is identified.  Abs., ll. 12-14.  Therefore, we affirm the                                  
               obviousness rejection of claim 22.                                                                                     


                                                5. Storing Fault Identifying Data                                                     
                       The examiner finds that "col. 10, ll. 55 and 56, of PERSEM . . . state that '[i]f any                          
               of these fault conditions occurs, the error is logged in the system's memory 72. . . . .'"                             









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