Ex Parte Nishimura et al - Page 10



         Appeal No. 2006-2752                                                 
         Application No. 10/309,007                                           
         full wave rectifier can be arranged either in a star or annular      
         configuration.  Consequently, we do not find error in the            
         Examiner’s stated position, which concludes that Buening teaches     
         the limitation of 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.  It is             
         therefore our view, after consideration of the record before us,     
         that the evidence relied upon and the level of skill in the          
         particular art would have suggested to the ordinarily skilled        
         artisan the invention as set forth in claim 1.  Accordingly, we      
         will sustain the Examiner’s rejection of claim 1.                    

         II. Under 35 U.S.C. § 103, is the Rejection of Claims 2 through      
         4 as being unpatentable over combinations of Buening and Ishida      
         Proper?                                                              
             In rejecting claims under 35 U.S.C. § 103, the Examiner          
         bears the initial burden of establishing a prima facie case of       
         obviousness.  In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,    
         1444 (Fed. Cir. 1992).  See also In re Piasecki, 745 F.2d 1468,      
         1472, 223 USPQ 785, 788 (Fed. Cir. 1984).  The Examiner can          
         satisfy this burden by showing that some objective teaching in       
         the prior art or knowledge generally available to one of ordinary    
         skill in the art suggests the claimed subject matter.  In re         
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