Ex parte MACLEOD et al. - Page 9

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

               providing magnetic flux flow and electric flow between the rotor and shaft, and a shield adhesivelessly             

               attached to the rotor for biasing the magnetic seal assembly to a radially-extending surface of the rotor           

               (see claim 12).   The examiner admits (see Answer, page 15) that the primary reference to Elsasser fails            

               to teach attaching a shield to the rotor without adhesives, relies upon Cossette to teach the shield                

               (although attached with adhesives), and relies upon  Tatukawa to teach the elimination of adhesives                 

               (albeit, to attach rotor magnets and not a shield).                                                                 

               We agree with appellants (see Brief, pages 41 to 42) that neither Elsasser nor Cossette teaches                     

               a shield which is adhesively attached to the rotor, and that Tatukawa fails to teach or suggest                     

               adhesiveless attachment of a shield to a rotor.  More specifically, we find that one of ordinary skill in the       

               art would not have modified the spindle assembly of Elsasser, as modified to include the shield of                  

               Cossette, with the cup-shaped magnet retainer member 5 of Tatukawa which attaches magnets 4                         

               without adhesive, in order to attach the shield of Cossette.  This is because, as properly pointed out by           

               appellants (see Brief, page 42), use of Tatukawa’s shield would prohibit proper magnetic seal assembly              

               function in Elsasser and Cossette.  This is due to the fact that magnetic flux flow and electric flow are           

               needed between the rotor and the shaft, and use of a cup-shaped retaining member inside the magnetic                

               seal assembly would interfere and prevent direct magnetic flux flow and electric flow from occurring                

               between the rotor and shaft.                                                                                        

                       Accordingly, we will reverse the examiner’s rejection of claim 12 based on Elsasser in view of              

               Cossette and Tatukawa.  We note that the examiner additionally relied upon Hoyer-Ellefsen in the                    


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