Ex parte MACCLEOD et al. - Page 8




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


          portions of the disc drive from contamination, the seal in                  
          Elsasser is not formed between the specific components as                   
          recited in claim 1.  We cannot find in any of Elsasser’s                    
          embodiments a teaching of using the flange portion of the                   
          shaft/hub assembly, the outer race of the upper ball bearing                
          assembly, and the inner surface of the bearing sleeve.  The                 
          examiner’s position that the Elsasser seal fully meets the                  
          labyrinth seal as recited in claim 1 is simply based on pure                
          conjecture and speculation which is not supported by any of                 
          the embodiments of Elsasser.                                                
          Since the examiner has improperly relied on the                             
          teachings of Elsasser to teach the labyrinth seal of claim 1,               
          the examiner’s rejection fails to establish a prima facie case              
          of obviousness.  Therefore, we do not sustain the rejection of              
          claims 1, 6 and 7.  Although claim 8 is grouped separately                  
          from claim 1, claim 8 contains the same labyrinth seal feature              
          just discussed, so we also do not sustain the rejection of                  
          claim 8.                                                                    
          We now consider the rejection of claim 9 based on the                       
          teachings of Crapo and Tanaka.  The examiner again cites Crapo              
          as teaching various features of a disc drive.  The examiner                 
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