Appeal No. 2005-0618 Page 7
Application No. 09/760,017
For the reasons set forth above, the decision of the examiner to reject claim 1,
and claims 4, 5 and 8 dependent thereon, under 35 U.S.C. § 102(b) is reversed.
REMAND
On page 6 of the answer, the examiner refers to Japanese reference 11-308812
and German reference 198 11 424 (both of record) that have not been applied in the
rejection under appeal. These references have been given no consideration. See Ex
parte Raske, 28 USPQ2d 1304, 1305 (Bd. Pat. App. & Int. 1993). However, since the
examiner noted that a magnet mounted on the outer surface of a commutator is shown
in both references, we remand this application to the examiner to consider if the
pending claims are patentable over each of these references alone or in combination
with other prior art.
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