Ex Parte Gandrud et al - Page 3

                 Appeal 2007-0904                                                                                      
                 Application 11/025,331                                                                                
                 C. Claims 1, 3 through 7, 9 through 13, and 17 through 21 are rejected                                
                 under 35 U.S.C. § 103(a) as being unpatentable over Okushima in view of                               
                 Xu.                                                                                                   
                 D. Claims 14 and 15 are rejected under 35 U.S.C. § 103(a) as being                                    
                 unpatentable over Okushima in view of Xu, and further in view of Cook.                                
                 E. Claim 22 is rejected under 35 U.S.C. § 103(a) as being unpatentable                                
                 over Okushima in view of Xu, and further in view of Cook.                                             
                        First, Appellants contend1 that Katagiri does not anticipate claims 1,                         
                 6, 9, 16, 18 and 21.  Particularly, Appellants contend that Katagiri does not                         
                 fairly teach or suggest an inverter having an electrical communication with                           
                 more than one motor, as recited in representative claim 1.  (Br. 6.)                                  
                 Similarly, Appellants contend that Katagiri does not teach a power module                             
                 having two independent power stages for driving a plurality of motors, as                             
                 recited in representative claim 1.  (Reply Br. 2.)   In response, the Examiner                        
                 contends that Katagiri teaches the cited limitations, and therefore anticipates                       
                 representative claim 1.  (Answer 3 and 11.)                                                           
                 Second, Appellants contend that Katagiri does not render claims 3                                     
                 through 5, 7, 19, and 20 unpatentable.  Particularly, Appellants reiterate that,                      
                 among other things, Katagiri does not teach an inverter having a power                                
                 module with two separate power stages for driving a plurality of electric                             
                 motors, as claimed.  (Br. 7.)  The Examiner, in contrast, contends that                               


                                                                                                                      
                 1 This decision considers only those arguments that Appellants submitted in                           
                 the Appeal and Reply Briefs.  Arguments that Appellants could have made                               
                 but chose not to make in the Briefs are deemed to have been waived.  See 37                           
                 C.F.R. § 41.37(c)(1) (vii)(eff. Sept. 13, 2004).  See also In re Watts, 354                           
                 F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).                                               
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