Ex parte NAKAGAWA et al. - Page 11




          Appeal No. 1999-2284                                                        
          Application 08/798,443                                                      











          Because Vettel fails to teach or disclose the third claim 1                 
          limitation of a spindle motor coupled to and partially extending from       
          the enclosure, we find that Vettel does not anticipate Appellants'          
          claim 1.                                                                    
               Turning now to construe independent claim 14, we note that it          
          recites a limitation common to claim 1: "a spindle motor,  coupled to       
          and extending partially from the enclosure, the spindle motor having        
          a shaft coupled to the disk for rotating the disk."  Having already         
          determined that Vettel does not teach or disclose this claim                
          limitation, we therefore, likewise hold that Vettel does not                
          anticipate Appellants' claim 14.                                            
               We further find that Vettel also fails to read on independent          
          claim 5.  We note that claim 5 first requires "an enclosure case            
          containing part of a spindle motor for rotating a magnetic disk and a       
          voice coil motor."  However, based on Vettel's Figure 2, shown supra,       


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