Ex Parte Nishimura et al - Page 7




         Appeal No. 2006-2752                                                 
         Application No. 10/309,007                                           

             disclosure of what arrangement of rectifier is used with the     
             annular arrangement of five phase windings. In this              
             situation, the rectifier may be less than five phases.           
             To determine whether claim 1 is anticipated, we must first       
         determine the scope of the claim.  We note that representative       
         claim 1 reads in part as follows:                                    
             [S]aid armature winding is constructed by connecting             
             five winding phase portions into an annular shape such that      
             the electrical angular phases of electromotive force differ      
             from each other by approximately 72 degrees.                     

             At page 8, paragraph 44, Appellants’ specification states        
         the following:                                                       
                  [0044] The stator 8 is provided with: a stator core 15;     
             and an armature winding 16 installed in the stator core 15.      
             This armature winding 16 is constructed into a five-phase        
             armature winding by connecting five winding phase portions       
             31a to 31e, including an a-phase winding phase portion 31a,      
             a b-phase winding phase portion 31b, a c-phase winding phase     
             portion 31c, a d-phase winding phase portion 31d, and an e-      
             phase winding phase portion 31e, into an annular shape (a        
             ring connection) so as to have a phase difference                
             corresponding to an electrical angle of 72 degrees from each     
             other. Connection portions between each pair of adjacent         
             winding phase portions are connected to respective               
             connection portions between a positive-side diode d1 and a       
             negative-side diode d2.                                          

         Thus, representative claim 1 does require an armature winding        
         being constructed by connecting five winding phase portions into     
         an annular shape to be rectified by a five phase full wave           
         rectifier.                                                           
             Now, the question before us is what Buening would have           

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