Appeal No. 97-1882 Page 7
Application No. 08/316,957
16, an axial lip, a radial lip and a radial pad (not
labelled [sic, labeled]).
The appellants argue (brief, pp. 5-7) that
Heinzen does not disclose, teach or suggest a seal as
claimed in the present invention. Specifically, Heinzen
does not teach or suggestion a unitary seal having a
reinforcing member and sealing member designed to cooperate
with the axle and knuckle as in the present invention.
The examiner responded to the appellants' argument (answer,
pp. 4-6) by concluding that Heinzen's structure is capable of
performing the intended uses set forth in the claims and
according Heinzen does anticipate the claims under appeal.
Thus, the real issue presented to us for review is whether
Heinzen's structure is capable of performing the intended uses
set forth in the claims (i.e., does Heinzen disclose a unitary
seal having a reinforcing member and sealing member adapted to
cooperate with the axle and knuckle as set forth in the claims
under appeal).
After reviewing the disclosure of Heinzen, we conclude that
Heinzen's structure is not capable of performing the intended
uses set forth in the claims. In our opinion, the claims under
appeal require that the unitary axle seal be configured so that
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