Ex parte AYERS et al. - Page 10

          Appeal No. 1998-2606                                                        
          Application 08/446,415                                                      

          claims 4 through 7 generally for the reasons set forth by the               
          appellants in the brief and reply brief.  We do not agree with              
          the examiner's view that the claimed "light absorbing shield"               
          reads on Shroud 40 in the Figures 2 and 3 showings of Fales                 
          because there is no teaching in Fales that this element                     
          absorbs any light at all as stated in the rejection of this                 
          claim.  Appellants' view that the shroud 40 is more like that               
          of a reflector argues against the patentability of claim 2 as               
          we have found earlier.                                                      
               We sustain the rejection of dependent claim 8 for the                  
          reasons set forth by the examiner in the answer that the                    
          Figures 2 and 3 showings in Fales clearly show a drive shaft                
          24 of the air core gauge/driver 10 extending to attach itself               
          to the rotatable disc 30 clearly shown to be mounted about the              
          drive shaft 24.  Appellants' arguments as to this claim at                  
          pages 7 and 8 are more specific than the recitation itself in               
          referring to Figures 9-15 of the disclosed invention and that               
          the drive shaft is intended to penetrate the disc aperture.                 
          All this amounts to an urging that we find patentability on                 
          the basis of unclaimed features.                                            
               Still considering the initial stated rejection under                   

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