Appeal No. 2005-0375
Application No. 09/826,422
within the stator and having a separate gap distance between the groups,
whereas the motor in figure 3 of Acquaviva has equally spaced gaps
between the permanent magnets in the rotor, and equally spaced gaps
between the electromagnets in the stator.
There does appear to be some measure of criticality within the
structural arrangement of each reference that needs to be appreciated
from an artisan’s perspective. The abstract of Acquaviva, for example, also
illustrates that the ability to improve cogging torque in that reference
relates to an interrelationship of at least three factors.
It appears to us that the precise nature and extent of the variables
involved in the structure of the two references relied upon leads us to
conclude that the examiner’s basic line of reasoning is based upon an
obvious to try rationale. There is no recognition in Heidelberg that there is
any cogging torquing problem and we cannot determine from the general
statements in Acquaviva that this would have been the case in Heidelberg
such as to suggest to the artisan that it would have been obvious to have
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