Ex Parte Harley et al - Page 6

               Appeal 2007-3048                                                                             
               Application 10/664,947                                                                       

               smooth movement of the motor.  Specifically, the latter reference includes                   
               the following disclosure.                                                                    
                      [T]he waveform of the voltages applied to the electrodes 30a,                         
                      30b of the stator element 22 is in the wave-like form having                          
                      smoothly-inclined curves in the rise portion a and the fall                           
                      portion b.  Hence, even where the voltage is switched from "0"                        
                      to "+" or "-" or the voltage is changed from "+" or "-" to "0",                       
                      the switching is smoothly performed.  Consequently, the                               
                      driving force for the movable element 21 is smoothly varied                           
                      upon switching over of the voltages applied to the electrodes. .                      
                      . .                                                                                   
               (Col. 16, ll. 32-41 (emphasis added).)                                                       

                      Because Higuchi's AC voltage already produces a smooth movement,                      
               we are unpersuaded of the need to replace the AC voltage with a DC voltage                   
               "to provide a smooth movement. . . ."  (Answer 5.)  The Examiner does not                    
               allege, let alone show, that the addition of Suzuki-987 or Hoen cures the                    
               aforementioned deficiency.                                                                   

                                            VI. CONLCUSION                                                  
                      Because the Examiner has not identified a persuasive reason to                        
               replace Higuchi's AC voltage with a DC voltage, we reverse the rejections of                 
               claims 1 and 3-24.                                                                           

                                  VII. ADDITIONAL OBSERVATIONS                                              
                      We cannot help but notice the similarity of Suzuki-916 to the claimed                 
               invention.  Although Figure 1 of the reference arguably shows only a single                  
               rotor tooth, the Appellants have admitted that "[c]urrent, practical comb                    

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