Appeal No. 2005-0618 Page 6
Application No. 09/760,017
Schechinger's commutator 15, spacing bushing 33 and the safety ring 40 taken
together. As such, the outer surface of the spacing bushing 33, on which the magnetic
wheel 34a is attached, is an outer surface of the commutator unit.
It is our opinion, that a person of ordinary skill in the art would not consider
Schechinger's spacing bushing 33 to be a part of a commutator. In our view, the
examiner's interpretation as to the scope of the term "commutator" set forth in the
answer is not reasonable. The United States Patent and Trademark Office (USPTO)
applies to the verbiage of the claims before it the broadest reasonable meaning of the
words in their ordinary usage as they would be understood by one of ordinary skill
in the art, taking into account whatever enlightenment by way of definitions or
otherwise that may be afforded by the written description contained in the appellants'
specification. See In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed.
Cir. 1997) and In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).
Thus, Schechinger does not disclose a commutator having a magnetic ring attached to
an outer surface of the commutator, the outer surface being opposite to the inner
surface of the commutator that is mounted on the shaft as recited in claim 1.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007