Ex Parte Ichinose et al - Page 5

               Appeal 2007-2452                                                                                                     
               Application 10/421,761                                                                                               

          1            The Appellants argue that the purpose of the protruding portion (18) of                                      
          2    Ichiryu’s bobbin frame (16) is to ensure that the opposed end portions of the                                        
          3    plunger guide and the inner yoke are sufficiently strong, and that Ichiryu does not                                  
          4    disclose that the protruding portion magnetically separates the plunger guide and                                    
          5    the inner yoke (Reply Br. 5).  What Ichiryu uses to provide the strength referred to                                 
          6    by the Appellants is a reinforcing nonmagnetic ring (Ichiryu, col. 2, ll. 29-33; col.                                
          7    3, ll. 18-21; col. 5, ll. 61-67).  Ichiryu’s disclosures that the reinforcing ring is                                
          8    nonmagnetic and that the protruding portion is polymeric (which is nonmagnetic)                                      
          9    (Ichiryu, col. 4, ll. 18-26) indicate that the region between the plunger guide and                                  
         10    the inner yoke is magnetically insulating.  Thus, those disclosures support the                                      
         11    Examiner’s above-discussed reasoning that the polepieces of Ichiryu’s solenoid are                                   
         12    the plunger guide and the inner yoke.                                                                                
         13            Because the Examiner finds that Ichiryu’s plunger guide functions as a core                                  
         14    and the Examiner provides a plausible supporting explanation, and the Appellants                                     
         15    provide no substantive argument to the contrary, we accept the Examiner’s finding                                    
         16    as fact.  See In re Kunzmann, 326 F.2d 424, 425 n.3, 140 USPQ 235, 236 n.3                                           
         17    (CCPA 1964).                                                                                                         
         18            The Appellants argue that Bircann ‘875 discloses one nonmagnetic bearing                                     
         19    and does not suggest a pair of nonmagnetic bearings (Br. 11).  Bircann ‘875 is                                       
         20    relied upon by the Examiner for a suggestion to make Ichiryu’s bearings                                              
         21    nonmagnetic (Ans. 3), not for a disclosure of a pair of bearings.                                                    
         22            The Appellants argue that there is no teaching or suggestion in the prior art                                
         23    that bearing interaction with a coil is a problem (Br. 12).  The problem, as                                         
         24    indicated in Bircann ‘875, is interaction between the bearing and the armature                                       
         25    (plunger) (Bircann ‘875, col. 3, ll. 49-54).  Bircann ‘875 would have led one of                                     


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