Appeal 2007-3048
Application 10/664,947
C. REJECTIONS
Claims 1, 3-7, 9, 14-17, 22, and 23 stand rejected under 35 U.S.C.
§ 103(a) as obvious over Japanese Patent Application Publication No. 07-
274540 ("Higuchi") and U.S. Patent No. 5,869,916 ("Suzuki-916").
Claims 8, 10-12, and 18-21 stand rejected under § 103(a) as obvious over
Higuchi; Suzuki-916; and Japanese Patent Application Publication No. 08-
186,987 ("Suzuki-987"). Claims 13 and 24 stand rejected under § 103(a) as
obvious over Higuchi; Suzuki-916; and U.S. Patent No. 5,986,381 ("Hoen").
III. ISSUE
"Rather than reiterate the positions of parties in toto, we focus on the
issue therebetween." Ex Parte Filatov, No. 2006-1160, 2007 WL 1317144,
at *2 (BPAI 2007). The Examiner admits that Higuchi does not teach "the
discrete voltage patterns" of the claims. (Sub. Answer2 4.) Finding that
"Suzuki-916 teaches an DC (discrete) driving voltages," (id. 5) he asserts,
"Suzuki provides literal motivation to combine the references on col. 10,
lines 37-58, particularly line 51, where the DC Voltage to provide five types
of combinations in polarities and voltages to control the movement of the
mover left and right in a smooth movement." (Id. 9.) The Appellants argue,
"Since Higuchi already uses an AC voltage pattern that produces a smooth
movement, there is no need and hence no motivation to replace the AC
2 We rely on and refer to the Substitute Examiner's Answer, in lieu of the
original Examiner's Answer, because the latter was defective. The original
was not considered in deciding this appeal.
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