Appeal No. 2004-1193
Application 09/639,324
through a sliding seat[60] (figures 2-4), and also being
supported on the component (20) over another part of its
lengths in the radial direction through a ring (10) [sic],
wherein a first of two outer edges of the bearing (24) is
supported on the component (22; figure 3, far right side of
bearing 24) and a second of the two outer edges is supported
by the ring (22). Pew does not disclose the material of the
ring (22) as being a synthetic plastic, but merely states
that the material is electrically nonconductive (column 5,
lines 1-3).
To account for the above-noted difference, the examiner
looks to Volz, urging that this patent teaches use of a plastic
ring (23) as an elastomeric silencing material to be used in
contact between a bearing (21) supporting a drive shaft and a
housing (1). From such teachings, the examiner concludes that it
would have been obvious to one of ordinary skill in the art at
the time appellants’ invention was made to modify the hand power
tool of Pew “to include the plastic ring of Volz for the purpose
of including a synthetic ring over the bearing supporting the
drive shaft of the hand power tool” (final rejection, page 3).
In addition, the examiner relies upon Nichting as teaching a
bearing (16) supporting a shaft (12), with the bearing being
supported by an elastomeric ring (60) and a component (14),
wherein the component (14) purportedly supports a first of two
outer edges of the bearing (16) over one part of its length in a
5
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