Appeal 2006-3366
Application 10/864,041
recite any field of use more than a dynamoelectric machine. Therefore,
independent claim 1 is not limited in a specific context to the type, size or
other facet of the motor/machine. Here, Appellant generally contends that
the entire range needs to be taught or suggested by the prior art. We
disagree with Appellant.
At the Oral Hearing, Appellant argued that there are three important
features of the claimed invention. First, the use of amorphous,
nanocrystaline, and flux enhancing Fe-material material in element (c);
second, the transverse flux design of the motor in element (b); and third, the
recited SPP ratio in element (d). Appellant emphasized at the hearing that
each of the three references teach one of the three features, but none of the
teachings teach or suggest all of the three features. Additionally, we note
that Appellant’s main contention in the Brief and Reply Brief is that the
Examiner has not made a proper showing for a prima facie case of
obviousness and that it would not have been obvious to one skilled in the art
at the time of the invention to combine the teachings as the Examiner
proposes since Hendershot teaches away from such a combination1 (Br. 20-
21). We cannot agree with Appellant’s unsupported proposition.
From our review of the teachings of Hendershot, Fan, and
DeCristofaro, we find no express “teaching away” from the combination in
those express teachings. Additionally, an artisan is not compelled to blindly
follow the teaching of one prior art reference over the other without the
1 Additionally, we note that Appellant questions the Examiner’s brief
discussion/mention of magnets and yokes of Maslov to optimize the
magnetic flux in the Answer at page 5, but Appellant does not view the
rejection as containing Maslov (Br. 19-20). We agree with Appellant that
the rejection is based only upon the three enumerated references in the
statement of the grounds of rejection.
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