Appeal 2007-3939
Application 10/448,725
7. Calfee further discloses that following the first millisecond
(msec), the drive current to the motor is cut off and the motor is allowed to
coast for approximately 2 msec to perform an RPD procedure by measuring
the rise time of the current in each phase pair. Once the commutation output
state is determined by the RPD procedure, the appropriate phase windings
are energized at full scale current to provide maximum forward torque to the
rotor until the next 12 msec RPD and commutation period (col. 14, ll. 15-
22).
PRINCIPLES OF LAW
A rejection for anticipation under section 102 requires that each and
every limitation of the claimed invention be disclosed in a single prior art
reference. See In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d 1671,
1673 (Fed. Cir. 1994). Anticipation of a claim requires a finding that the
claim at issue reads on a prior art reference. Atlas Powder Co. v. IRECO
Inc., 190 F.3d 1342, 1346, 51 USPQ2d 1943, 1945 (Fed. Cir. 1999) (quoting
Titanium Metals Corp. v. Banner, 778 F.2d 775, 781, 227 USPQ 773, 778
(Fed. Cir. 1985)).
ANALYSIS
1. Claim 9
Appellant starts with claim 9 by arguing that although Calfee
determines the location of the rotor, a substantially accurate position of the
rotor is not determined (Br. 4). Appellant characterizes Calfee’s determined
equilibrium positions as an approximation of the rotor’s position and asserts
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