Ex Parte TURNER - Page 8




              Appeal No. 2001-0724                                                                                        
              Application No. 09/251,602                                                                                  

              the disclosure of bracket 42 being “force-fitted” into wall 62 of Kawahira (col. 7, ll. 38-                 
              44; Fig. 3), would not have suggested all the requirements of instant claim 7.                              
                     Appellant has not responded to the rejection of claim 6 under section 103 as                         
              being unpatentable over Shiraki, Miller, and Hawsey.  The rejection relies on Hawsey                        
              (e.g., col. 4, ll. 11-17) for the teaching of the annular member being formed substantially                 
              of an alloy of iron, neodymium, and boron.  Appellant having not shown error in the                         
              rejection, we sustain the section 103 rejection of claim 6.                                                 
                     In summary, we have sustained the section 103 rejection of claims 1, 2, 4, 6, 8,                     
              and 9, but have not sustained the rejection of claims 3, 5, and 7.                                          


                                                     CONCLUSION                                                           
                     The rejection of claims 1, 2, 4, 6, 8, and 9 under 35 U.S.C. § 103 is affirmed, but                  
              the rejection of claims 3, 5, and 7 under 35 U.S.C. § 103 is reversed.  The examiner’s                      
              decision in rejecting claims 1-9 is thus affirmed-in-part.                                                  












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