Ex Parte Tatsukawa - Page 3


              Appeal No. 2007-0067                                                                  
              Application No. 10/202,097                                                            

                                            References                                              
                    The references relied upon by the Examiner are:                                 
                    Kawasaki   5,161,777   Nov. 10, 1992                                            
                    Kawabe  6,427,971   Aug. 06, 2002                                               
                                                       (Filed Dec. 17, 1999)                        
                                        Rejections at Issue                                         
                    Claims 1, 5, 6, and 10 stand rejected under 35 U.S.C. § 102(e) as               
              being anticipated by, or in the alternative under 35 U.S.C. § 103 (a) as being        
              unpatentable over Kawabe.  The Examiner’s rejection is set forth on pages 3           
              through 5 of the Answer.  Claims 2 through 4 and 7 through 9 stand rejected           
              under 35 U.S.C. § 103 (a) as being unpatentable over Kawabe in view of                
              Kawasaki.  The Examiner’s rejection is set forth on pages 5 and 6 of the              
              Answer.  Throughout the opinion we make reference to the Briefs, and the              
              Answer for the respective details thereof.                                            
                                              Issues                                                
                    Appellant contends that the Examiner’s rejection of claims 1, 5, 6 and          
              10 under either 35 U.S.C. § 102(e) and 35 U.S.C. § 103(a) is in error.                
              Appellant asserts, on pages 4 through 7 of the Brief, and pages 4 through 6           
              of the Reply brief that Kawabe teaches a speed control device.  Appellant             
              asserts that Kawabe does not teach a position control device which generates          
              a target position based upon an output of a position detecting device and             
              carries out a position learning operation after a temporary reference position        
              is reached.                                                                           



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