Ex Parte BOUTAGHOU - Page 10



          Appeal No. 2000-1240                                                        
          Application 09/094,067                                                      

          therefore provide any housing for any motor components associated           
          with the claimed spindle motor rotor and the like since the motor           
          5 is shown to be separate from the assembly comprising the                  
          various parts of the table section 2.  Mukawa's motor 5 is                  
          separately attached to the chassis 6 and the shaft 1 of the motor           
          protruding through this chassis 6 to engage the cylindrical                 
          supporting section 7 of the table section 2 such as in                      
          representative Figure 2 of Mukawa.  Although this feature is                
          argued by appellant at page 14 of the brief, the examiner's                 
          responsive arguments portion of the answer at pages 7 and 8 does            
          not address this argued feature at all.  None of the various                
          figures in Mukawa mount the motor 5 in any manner differently               
          than that shown in Figure 2 of this reference.  Therefore, the              
          decision of the examiner rejecting independent claim 14 and its             
          respective dependent claims 15-19 under 35 U.S.C. § 102 is                  
          reversed.                                                                   

                   NEW REJECTION UNDER 37 CFR § 1.196(b)                             
               Claims 14, 15 and 17-19 are rejected under 35 U.S.C. § 103             
          as being obvious over Obara alone.  For the same reasons as set             
          forth in detail earlier in this opinion as to our affirmance of             

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