Ex parte MACLEOD - Page 10




          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).                                                                      



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