Ex Parte NAKAZONO et al - Page 7




                 Appeal No. 2002-0500                                                                                  Page 7                     
                 Application No. 09/258,320                                                                                                       


                 reasonable construction. . . ."  In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                                               
                 1668 (Fed. Cir. 2000).                                                                                                           


                         Here, claim 1 specifies in pertinent part the following limitations: "a thrust                                           
                 supporter unitary with a bottom face of said frame housing; . . . a shaft supported by                                           
                 said thrust supporter at an end of said shaft. . . ."  The claim does not require that the                                       
                 thrust supporting portion of the framer support the shaft directly.  To the contrary, the                                        
                 specification discloses that the support is indirect, i.e., via another element.                                                 
                 Specifically, "[r]otary shaft 9 . . . is supported axially by thrust supporter 70 via thrust                                     
                 sheet 7. . . ."  (Spec. at 10 (emphasis added).)  Giving the representative claim its                                            
                 broadest, reasonable construction, the limitations require that the bottom face of a                                             
                 housing support a shaft indirectly or directly.                                                                                  


                         Having determined what subject matter is being claimed, the next inquiry is                                              
                 whether the subject matter would have been obvious.  The question of obviousness is                                              
                 "based on underlying factual determinations including . . . what th[e] prior art teaches                                         
                 explicitly and inherently. . . ."  In re Zurko, 258 F.3d 1379, 1386, 59 USPQ2d 1693,                                             
                 1697(Fed. Cir. 2001) (citing Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ                                               
                 459, 467 (1966); In re Dembiczak, 175 F.3d 994, 998, 50 USPQ 1614, 1616 (Fed. Cir.                                               
                 1999); In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995)).                                                   







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