Ex parte MACLEOD - Page 7




          Appeal No. 1998-1794                                                        
          Application 08/738,467                                                      

          would be corrected by changing "said bearing means" to "said                
          bearings."  The rejection of claim 20, and claims 21-30 which               
          depend on claim 20, is sustained.                                           

          35 U.S.C. § 102(b)                                                          
               Hajec discloses a spindle motor where the motor lies                   
          inside the hub and clearly does not show Appellant's disclosed              
          spindle motor assembly configuration.  Nevertheless, despite                
          the differences in structure, it is always possible that the                
          claim language is so broad that it reads on Hajec in an                     
          unintended manner.  This is the case here.  For example,                    
          independent claim 9 does not particularly define the spindle                
          hub to be generally cylindrical with the enlarged thickness                 
          flange portion and the reduced thickness rotor carrying                     
          portion being thicknesses of the cylinder wall and lying along              
          the length and, so, does not distinguish over the cup-shaped                
          hub in Hajec.                                                               

               Claims 9, 10, and 12                                                   
               The language of claim 9 does not exclude the enlarged                  
          thickness flange portion of the spindle hub from radially                   
          overlying the reduced thickness rotor carrying portion as in                

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