Appeal No. 2004-2291 Page 8
Application No. 10/318,506
Figure 17E of Mutaguchi shows the utilization of magnet means 8 and conductive
means 7 disposed on opposite sides of the car 5.
Figures 17A-17H of Mutaguchi show the utilization of magnets 8 and conductive
plates 7 disposed on the same side of the damping mass 5, not on opposite sides of the
damping mass 5. Figures 17A-17H of Mutaguchi illustrate four sides of the damping
mass 5 (an upper side (top), a lower side (bottom), a left side and a right side).
Mutaguchi's magnets 8 and conductive plates 7 are all disposed on the lower side
(bottom) of the damping mass 5. Thus, claims 25 and 26 are not anticipated by
Mutaguchi.
For the reasons set forth above, claims 25 and 26 are not anticipated by
Mutaguchi. Therefore, the decision of the examiner to reject claims 25 and 26 under
35 U.S.C. § 102(b) is reversed.
The obviousness rejection
We will not sustain the rejection of claims 1 to 20 under 35 U.S.C. § 103.
In the obviousness rejection before us in this appeal, the examiner (answer, p. 6)
ascertained that Mutaguchi lacked ''a plurality of flux steering magnets disposed in gaps
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