Appeal No. 1998-0331
Application No. 08/297,257
means at the drive gear end of the shaft for routing fluid
from the shaft hollow cavity to an interior manifold of the
spindle carrier.
The examiner relies on Ledergerber for such a teaching.
However, the examiner has failed to specifically identify
where in the reference the teaching may be found and our
review of Ledergerber fails to reveal any such teaching.
Accordingly, we agree with the appellants’ argument (brief, p.
15) that even if it were obvious to combine the teaching of
Acme, DT '799 and Ledergerber in the manner proposed by the
examiner in the rejection of claim 5, the person of ordinary
skill in the art would not have obtained the structure set
forth in claim 5.
Accordingly, we will not sustain the standing 35 U.S.C.
§ 103 rejection of claim 5 or of claims 6 through 9 dependent
on claim 5.
REMAND
On remand to the examiner, the examiner should give due
consideration to the following matters.
First, the examiner should review the teachings in
Vallance, Hermann, the Acme reference and, possibly, other
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