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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