Ex parte OHSHITA - Page 5




                  Appeal No. 2000-0744                                                                                                                    
                  Application No. 09/052,162                                                                                                              

                  by the specification and shown in the differentiation of instant Figure 2 from instant Figure                                           
                  1, then motor stator 28 and transducer stator 30 in Harned cannot be said to meet the                                                   
                  instant claim language because it would appear that the outer peripheries of stators 28                                                 
                  and 30 are not “directly exposed” but, rather abut housing sleeve 24.                                                                   
                           The examiner’s decision rejecting claims 1 and 2 under 35 U.S.C. § 102(b) is                                                   
                  reversed.                                                                                                                               
                                                                    REVERSED                                                                              



                                             JAMES D. THOMAS                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             ERROL A. KRASS                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
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                                                                                                   )                                                      
                                                                                                   )                                                      
                                             ANITA PELLMAN GROSS                                   )                                                      
                                             Administrative Patent Judge                           )                                                      

                  eak/vsh                                                                                                                                 






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