Ex Parte Govari - Page 3

                Appeal 2006-1324                                                                              
                Application 09/882,127                                                                        

                Honkura   EP 0 348 557   Jan. 03, 1990                                                        

                      Claims 1-2, 4, 7-11, 21-23, 25, and 28-32 stand rejected under                          
                35 U.S.C. § 103(a) as being unpatentable over Appellant's admission of the                    
                prior art in view of von der Heide, Hinke or Normann.                                         
                      Claims 6, 12-18, 20, 27, 33-39 and 41 stand rejected under 35 U.S.C.                    
                §103(a) as being unpatentable over Appellant's admission of the prior art in                  
                view of von der Heide, Hinke or Normann and  further in view of Wiegand.                      
                      Claims 19 and 40 stand rejected under 35 U.S.C. § 03(a) as being                        
                unpatentable over Appellant's admission of the prior art in view of von der                   
                Heide, Hinke or Normann and further in view of Yeoman.                                        
                      Claims 21, 25, 28-32, 41 and 42 stand rejected under 35 U.S.C.                          
                § 103(a) as being unpatentable over Appellant's admission of the prior art in                 
                view of Honkura.                                                                              
                      Claims 21, 25, 28-32, and 41-43 stand rejected under 35 U.S.C. §                        
                103(a) as being unpatentable over Appellant's admission of the prior art in                   
                view of Chiriac.                                                                              
                                                  ISSUES                                                      
                      Accordingly, the sole issue for consideration on appeal is whether the                  
                examiner has, by a preponderance of the evidence, established the                             
                obviousness of the claimed subject matter.                                                    
                                           FINDINGS OF FACT                                                   
                      The patent to von der Heide is directed to an apparatus and method for                  
                controlling brushless electric motors, and specifically for encoding the                      
                position of the motor rotor.  Von der Heide uses internal means for                           


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