Ex Parte Harley et al - Page 5

               Appeal 2007-3048                                                                             
               Application 10/664,947                                                                       

               voltage of Higuchi with the DC voltages of Suzuki-916."  (Br. 13.)                           
               Therefore, the issue is whether the Examiner has identified a persuasive                     
               reason to replace Higuchi's alternating current ("AC") voltage with a direct                 
               current ("DC") voltage.                                                                      

                                                 IV. LAW                                                    
                      "[I]t can be important to identify a reason that would have prompted a                
               person of ordinary skill in the relevant field to combine the elements in the                
               way the claimed new invention does."  KSR Int'l v. Teleflex Inc., 127 S.Ct.                  
               1727, 1741, 82 USPQ2d 1385, 1396 (2007).  "[T]here must be some                              
               articulated reasoning with some rational underpinning to support the legal                   
               conclusion of obviousness."  In re Kahn, 441 F.3d 977, 988, 78 USPQ2d                        
               1329, 1336 (Fed. Cir. 2006) (citing In re Lee, 277 F.3d 1338, 1343-46 (Fed.                  
               Cir. 2002); In re Rouffet, 149 F.3d 1350, 1355-59 (Fed. Cir. 1998)).                         

                                              V. ANALYSIS                                                   
                      Here, Higuchi "relates to a layered-type electrostatic motor driven by                
               a 3-phase alternating current. . . ."  (Higuchi Translation 7.)  More                        
               specifically, "a 3-phase alternating current voltage is applied thereto using a              
               3-phase alternating current power supply. . . ."  (Id. 17-18.)                               

                      For its part, contrary to the Examiner’s assertions, (Answer 10),                     
               Suzuki-916 recognizes that driving a motor with an AC voltage results in                     




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