Ex parte MACCLEOD et al. - Page 6




          Appeal No. 1998-0695                                                        
          Application 08/400,320                                                      


          Only those arguments actually made by appellant have been                   
          considered in this decision.  Arguments which appellant could               
          have made but chose not to make in the brief have not been                  
          considered [see 37 CFR § 1.192(a)].                                         
          We consider first the rejection of claims 1 and 6-8                         
          based on the teachings of Crapo, Elsasser and Tanaka.  Claims               
          1, 6 and 7 stand or fall together [brief, page 5], and we will              
          consider independent claim 1 as the representative claim for                
          this group.  With respect to claim 1, the examiner cites Crapo              
          as teaching various features of a disc drive.  The examiner                 
          admits that Crapo does not show the labyrinth seal structure                
          between the flange, the outer race of the upper ball bearing                
          and the inner surface of the bearing sleeve as recited in                   
          claim 1.  The examiner points to Figure 1 of Elsasser and                   
          asserts that Elsasser teaches a labyrinth seal of the type                  
          recited in claim 1.  The examiner concludes that it would have              
          been obvious to the artisan to replace the shaft/hub assembly               
          of Crapo with the shaft/hub assembly of Elsasser because they               
          are art recognized equivalents [answer, pages 4-6].  Tanaka is              
          cited to teach the features of the intermediate flange as                   
          recited in claim 1.                                                         
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