Ex parte RIDENOUR et al. - Page 6




          Appeal No. 2000-1922                                                        
          Application No. 08/806,494                                                  


          4, lines 59-61, of Krum, “[i]t is, thus, very unlikely that                 
          actuator bearing lubricant will find its way through the gap 94             
          between the washer seal 90 and the pivot shaft 18.”  As further             
          indicated in Krum (column 4,lines 62-63), the situation is                  
          different at the bottom of the bearing assembly.  In this lower             
          portion of the bearing assembly, Krum felt the need to utilize a            
          labyrinth seal 14 in the form of an incorporated structure                  
          within E-block 64 to address the problem of lubricant and                   
          contaminant migration.  In our view, it is apparent that,                   
          although Krum was aware of labyrinth seals since one was used at            
          the bottom of the bearing assembly, there was no concern or any             
          recognition of any problem at the top of the bearing assembly               
          where the washer seal 90 is located that would have required the            
          use of a labyrinth seal.  It is our opinion that any suggestion             
          to modify the washer seal 90 of Krum to include a flange and                
          create a labyrinth seal as proposed by the Examiner could only              
          come from Appellants’ own disclosure and not from any teaching              
          in the applied Krum and Yasui references.                                   
               In summary, we are left to speculate why one of ordinary               
          skill would have found it obvious to alter the applied prior art            
          to make the modification suggested by the Examiner.  The only               
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