Appeal No. 1998-1794
Application 08/738,467
Claims 35 and 41 recite that the magnet means and stator
means are disposed in a well in the lower casing. While the
cup-shaped motor casing 111 in Rabe could be considered part
of the lower portion of housing 102, we do not see how Hajec
could be modified to fit into a well. The motor in Hajec is
inside the hub: if the hub were recessed into a well as in
Rabe it would be impossible to mount the magnetic discs. The
reason the motor in Rabe can fit into a well is because the
motor sits below the flange mounting the discs. While it is
true that the test of obviousness is what the references would
collectively have suggested to one of ordinary skill in the
art, not whether the teachings can be bodily incorporated, the
teachings of recessing the motor in Rabe are inconsistent with
the motor configuration in Hajec. Accordingly, the Examiner
has failed to establish a prima facie case of obviousness with
respect to claim 35 and 41. The rejection of claims 35-38 and
41 is reversed.
Claims 18 and 19
The Examiner finds that Yamashita teaches that it was
well known to utilize screws to attach a fixed shaft to the
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