Ex parte HELMICK - Page 21




          Appeal No. 1997-4444                                                        
          Application 08/427,884                                                      

          rotatable hub 40 rotates the whole hub around the shaft, where              
          the hub 40, arm 39 and carriage 35 move together as a unit to               
          trace out a helical path.  We find no suggestion to                         
          incorporate Elliott's drive system into Yamakawa's "while                   
          maintaining the non-rotating carrier disclosed by Yamakawa"                 
          (EA11).  The Examiner has failed to provide sufficient                      
          evidence to establish a prima facie case of obviousness.  The               
          rejection of claim 14 is reversed.                                          




               Claims 15-18                                                           
               The additionally applied Verhagen patent does not cure                 
          the deficiencies noted with Yamakawa and Elliott.  Therefore,               
          the rejection of claims 15-18 is reversed.                                  
               We further note, however, that we disagree with the                    
          Examiner's position that "Verhagen's spring 17 inherently                   
          applies axial force on the shaft and reduces vibration, as                  
          this is the purpose of Verhagen's invention" (EA21-22).  The                
          spring 17 in Verhagen supports the sub-frame 1 as part of a                 
          spring/damper arrangement and, even assuming the cylindrical                
          spindle 15 is considered to be a shaft, it does not apply                   

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