Ex parte WERSHE - Page 5




          Appeal No. 2001-0090                                       Page 5           
          Application No. 08/893,890                                                  


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art, and to the respective                     
          positions articulated by the appellant and the examiner.  Upon              
          evaluation of all the evidence before us, it is our conclusion              
          that the evidence adduced by the examiner is insufficient to                
          establish a prima facie case of obviousness with respect to                 
          claim 1 under appeal.  Accordingly, we will not sustain the                 
          examiner's rejection of claim 1 under 35 U.S.C. § 103.  Our                 
          reasoning for this determination follows.                                   


               The Admitted Prior Art clearly teaches all the                         
          limitations of claim 1 except for "a discontinuity formed in                
          the outer surface of the center portion."                                   


               Bescoby's invention relates in particular to an apparatus              
          and method for providing a cooled bearing surface for a                     
          ceramic shaft.  Figure 1 perspectively shows a ceramic shaft                
          12 having a plurality of fins 14 extending radially outward                 
          from a central portion thereof.  A bearing runner 16 in the                 







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