Appeal No. 1998-0695
Application 08/400,320
Appellant makes only a single argument to rebut the
examiner’s rejection of claim 1. Specifically, appellant
argues that the collective teachings of Crapo, Elsasser and
Tanaka do not teach or suggest the claim recitation that “a
labyrinth seal is formed between said flange portion of said
shaft/hub assembly and said outer race of said upper ball
bearing assembly and said inner surface of said bearing
sleeve” [brief, page 5]. Although the examiner asserts that
Elsasser teaches the claimed labyrinth seal, appellant argues
that Elsasser does not support the examiner’s findings [id.,
pages 6-7].
After a careful consideration of the respective
positions asserted by appellant and the examiner, we find
ourselves in agreement with appellant. Although all the
individual elements of a disc drive are taught by the
references, including a labyrinth seal, we agree with
appellant that the labyrinth seal of Elsasser is not formed by
the specific components recited in claim 1. The examiner
seems to view the seal of Elsasser as equivalent to the
claimed seal. Although the Elsasser seal and the claimed seal
may achieve the same function of protecting the delicate
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