Appeal 2006-2483
Application 10/371,785
in a hollow area (2) surrounding the braking plates and the braking elements
(WO ‘181, pp. 3-4; fig. 1). “When electrical current flows through the
electromagnet (6), the magnetic field develops that permeates the housing
(1), the braking elements (4, 7, 9) and magnetic fluid (8) that is located in
the hollow area (2). In this process the fluid (8) changes its viscosity, which
is proportional to the voltage and current strength. As a result, forces
develop between the plates (7) and elements (4 and 9), as well as between
elements (4) and side walls of housing (1), which prevent the shaft from
turning, which is actually necessary for the formation of load on the drive
element of the training device” (WO ‘181, pp. 4-5).
The Appellant argues that the English abstract of WO ‘181 does not
disclose a magnetic fluid or identify element 6 as a magnetic flux generator
(Br. 9-10). The English abstract does not identify elements 6 or 8. The
original German, “der magnetischen Flüssigkeit (8)” (WO ‘181, p. 3) and
“den Electromagnet (6) entsteht das Magnetfeld” (WO 94/01181, p. 4) is not
an English statement that element 8 is a magnetic fluid or that an
electromagnet (6) develops a magnetic field, but is very close. Regardless,
the English translation of WO ‘181 indicates that element 8 is a magnetic
fluid (“magnetic fluid (8)”; WO ‘181, pp. 3-4) and element 6 is a magnetic
flux generator (“[w]hen electrical current flows through the electromagnet
(6), the magnetic field develops…”; WO ‘181, p. 4).
We therefore are not convinced of reversible error in the rejection
over WO ‘181 or the rejection over WO ‘181 in view of Daniels or Drutchas
that is not separately argued (Br. 11-12).2
2See 37 C.F.R. § 41.37(c)(1)(vii)(2004).2
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