Ex parte HATTORI - Page 4




               Appeal No. 1999-1721                                                                           Page 4                 
               Application No. 08/734,125                                                                                            


                       holding means and each of said grooves of the bearing body form an                                            
                       independent raceway, wherein the positions of the ball holding means of said                                  
                       ball holder is substantially identical to that of the positions of grooves of a track                         
                       shaft part of the rail, the ball holder is used only when the retainerless saddle is                          
                       taken out of the rail to maintain the balls between the ball holder and the                                   
                       retainerless saddle and is moved out of the retainerless saddle when said saddle                              
                       is inserted onto the rail to form a preloaded linear bearing assembly.                                        
                       Anticipation under 35 U.S.C.  102 is established only when a single prior art                                
               reference discloses, either expressly or under the principles of inherency, each and every                            
               element of a claimed invention.  See RCA Corp. V. Applied Digital Data Systems, Inc., 730                             
               F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).                                                                  
                       The examiner's position is that the track rail (2) of Hara anticipates the ball holder of                     
               claim 2.  We observe that the track rail (2) of Hara comprises an elongated shaft portion, best                       
               shown in Figure 1, and two raceway grooves (5).  The disclosed use of Hara's rails is as track                        
               rails on which equipment placed on a slide table (4) secured to a pair of sliders (1) is moved                        
               forward and backward.  Each of the sliders (1) consists of a casing (3) having casing raceway                         
               grooves (9) formed in positions facing the raceway grooves (5) of the rails to define a raceway                       
               in which rolling elements or balls (7) are confined.  A ball retaining band (18), best seen in                        
               Figure 5,  is provided to prevent the balls from coming off the casing (column 7, lines 6-8).                         
                       Appellant concedes that Hara's rail "holds balls in position" but argues that it does not                     
               anticipate appellant's claim 2 because the ball holding means of Hara are part of Hara's rail and                     
               not a part of an elongated shaft portion which is "independent from the rail" as required                             









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