Appeal No. 98-0816 Application 08/286,287 not look to Starcevic to use a clamp spring. Further, none of the prior art applied, taken singly or in combination, would have suggested modifying Jabbari to achieve the goal of providing such a feature. Even assuming Starcevic is analogous art, we note our agreement with appellants’ arguments that Starcevic’s spring washer 20 "does not extend across an offset between a first structure (i.e., the clamping flange) and a second structure mounted thereto (i.e., the clamping surface of the stator)" and because Starcevic’s spring washer 20 is not tensioned between the two structures it is not a clamp spring as set out in appellants’ specification and in claim 36 (Brief, page 31). We agree with appellants’ arguments (Brief, page 32) that a clamp spring which extends across an offset between a flange surface 376 and a clamping surface of the stator 352 (see appellants’ Figure 11), for axially compressing the stator laminations, is neither taught nor suggested by Starcevic or any other applied reference. We note that Starcevic places radial tension on the stator assembly (see Figure 18), while allowing for both radial and axial movement of the stator lamination assembly (see column 7, line 42 to column 8, line 2), whereas appellants’ recited means for mounting "provides a dependable compressive force for axially holding stator 352 in place" (appellants’ specification, page 16). Accordingly, we find that the disc drive of Jabbari modified with Starcevic and Tanaka is not an equivalent structure as that in claim 36, as interpreted in light of the disclosed structure and it does not perform a claimed function. Therefore, we cannot sustain the examiner’s rejection under 35 U.S.C. § 103 as to claim 36. We note as to claims 35 and 36, copied from Connors and Jabbari respectively, that at Oral Hearing appellants’ representative raised the issue of whether or not these claims should have been 15Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007