Appeal No. 2004-1072 Page 12
Application No. 09/868,150
outer yoke 6 and the flat portion 2a of armature 2. From the above, we conclude that
the following are inherent in Uemura: (1) no flux will be formed between Uemura's flat
portion 2a of armature 2 and ring shaped projection 6a of outer yoke 6 when armature 2
starts to move from the position shown by broken lines in Figure 1 towards the solid line
position shown in Figure 1; and (2) flux will be formed between Uemura's flat portion 2a
of armature 2 and ring shaped projection 6a of outer yoke 6 prior to armature 2 arriving
at the solid line position shown in Figure 1 form the position shown by broken lines in
Figure 1. Accordingly, a second magnetic flux is inherently formed between Uemura's
flat portion 2a of armature 2 and ring shaped projection 6a of outer yoke 6 when
armature 2 of Uemura is moved from the position shown by broken lines in Figure 1 to
the solid line position shown in Figure 1, wherein the second magnetic flux flows
through a second working air gap (second magnetic flux inherently flows through the air
gap that exists shortly before armature 2 of Uemura has reached the solid line position
shown in Figure 1 from the position shown by broken lines in Figure 1).
In view of our determination above that a basis in fact and/or technical reasoning
exists that the claimed forming of a second magnetic flux is inherent in Uemura, the
appellant's burden before the USPTO is to prove that Uemura does not perform the
functions defined in claim 7. The appellant has not yet come forward with any evidence
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