Ex Parte BARRUS et al - Page 5



            Appeal No. 2001-2686                                                    
            Application Re08/932,718                                                

            the appealed claims define a connector shaft which is                   
            splined at one end, but which may or may not be splined at              
            the other end.                                                          
                 Admittedly, appellants’ specification sets forth only a            
            single embodiment having splines at both ends of the                    
            connector shaft for non-rotatably coupling the connector                
            shaft to the motor drive shaft and the rotor.  However, the             
            claimed invention pertains to a mechanical art which is                 
            considered to be predictable so that a broad claim may be               
            enabled by disclosure of a single embodiment.  See Spectra-             
            Physics v. Coherent, Inc., 827 F.2d 1524, 1530, 3 USPQ2d                
            1737, 1743 (Fed. Cir. 1987) citing In re Cook, 439 F.2d 730,            
            735, 169 USPQ 298, 301 (CCPA 1971).  Furthermore, the level             
            of skill in the relevant art as evidenced by the prior art              
            of record is sufficiently high to conclude that the skilled             
            artisan would have been fully aware of well known prior art             
            connections or couplings other than splined connections for             
            coupling the connector shaft to the rotor and the motor                 
            drive shaft.  For example, appellants’ specification (see               
            column 1, lines 21-25 of appellants’ original patent) states            
            that U-joints may be used to accommodate the orbital motion             
            of the rotor. The examiner has not demonstrated that splined            


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