Appeal No. 1998-1794 Application 08/738,467 portion of the spindle hub and the magnets 28 are carried on an outer surface of 20. Appellant argues that "instead of employing bearings as set forth and claimed in Appellant's invention, Hajec uses a ferro-fluid lubricant which is held in gap 26 between shaft 18 and sleeve 20" (Br7). Claim 9 recites "bearing means," not any particular bearing structure. We find the ferrofluid bearing in Hajec equivalent to the disclosed ball bearings. For the reasons stated above, Appellant fails to show that the anticipation rejection of claim 9 is in error. Claims 10 and 12 stand or fall together with claim 9. The rejection of claims 9, 10, and 12 is sustained. Claims 14 and 15 Appellant argues (Br7), with respect to claim 14, that Hajec does not have "stator means being located near said base end of said shaft" (claim 14). The Examiner states that "near" is a relative term and does not distinguish over Hajec (EA5). - 10 -Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007