Appeal No. 2005-1194
Application No. 10/110,115
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir.), cert. dismissed, 468 U.S. 1228
(1984).
The examiner is of the opinion (final rejection, page 2)
that Kishimoto discloses resonators 26 and 30 that “have an
essentially circular circumference and are coplanar to one
another and rotatable relative to one another, and at least one
resonator is connected to the rotating element (12) (see Figs. 5-
6 and cols. 3-4).” Appellants argue (brief, page 6) that
Kishimoto discloses one circular resonator and another resonator
formed as a bar. In response, the examiner states (answer, page
6) that:
The [appellants’] argument is not deemed to be
persuasive because: (1) Kishimoto does teach two
resonators (26, 30) have an essentially circular
circumference and that at least one protrusion and/or
one recess is provided on the essentially circular
circumference (see Figs. 5-6). Especially, in column
3, lines 51-67, Kishimoto clearly teaches a doughnut
shaped printed circuit board or resonator (30) and a
disc type printed circuit board or resonator (26), on
which a conductive pattern (28, 14) is formed.
Therefore, Kishimoto does teach two resonators having a
circular configuration; and (2) the brief argument has
narrow[ed] down the teaching of Kishimoto by pointed
[sic, pointing] out that the resonator 14 or 28 is
formed as a bar. However, the conductive pattern 28 or
14 is formed as a part of the disc type printed circuit
board or resonator (26) (see col. 3, lines 51-67).
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