Ex parte MACLEOD et al. - Page 7




               Appeal No. 98-0816                                                                                                  
               Application 08/286,287                                                                                              

               "provide a substantially flat surface over the wire coils," especially to the extent that such a feature is         

               broadly recited.  We are not persuaded by appellants’ argument (Brief, pages 49 to 50) that Girault                 

               teaches away and is therefore not combinable with Hishida and Silvaggio since all three references                  

               pertain to stator assembly coil windings in a motor.  Accordingly, we will sustain the examiner’s                   

               rejection of claims 23 and 25.                                                                                      

               Rejection of Claims 1 to 11, 26, 27, 29, 30, 33 and 34 Under 35 U.S.C.  103:                                       

                       We turn next to the question of the obviousness of claims 1 to 11, 26, 27, 29, 30, 33 and 34                

               under  103.  Each of independent claims 1 and 26 and their corresponding dependent claims on                       

               appeal recite the details of a spindle motor assembly and a method for making the assembly wherein the              

               assembly includes a rotor, a stator, a magnet, and a retaining ring.  More specifically, these claims call          

               for the magnet to oppose "the radially-extending surface of the rotor," and for the retaining ring to               

               provide an axial biasing force "securing the magnet axially against the radially extending surface" (see            

               claims 1 and 26 on appeal).  Each of claims 1 to 11, 26, 27, 29, 30, 33 and 34 stands rejected over                 

               the reference to Schuh in combination with either Hishida or Okada.  The examiner points to either of               

               Hishida or Okada as teaching a spindle motor assembly having a rotor, stator, and magnet, and relies                

               on Schuh to teach the retaining ring for axially                                                                    

               biasing the magnet to the radially-extending surface of the rotor.  We cannot agree with the examiner               

               that these features either would have been taught or suggested by the applied references, taken alone or            

               in combination.                                                                                                     

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