Ex Parte Tomiyama et al - Page 7



          Appeal No. 2005-0156                                                        
          Application No. 09/816,348                                                  

          (brief, page 4) is unpersuasive because claim 1 does not actually           
          call for the cylinder portion to be continuous.  Collectively,              
          the holder plate elements 45a, 45b and 45c define a “cylindrical            
          portion” to the extent broadly recited in claim 1.  Moreover, it            
          is arguable that each of the portions of the holder plate 45                
          carrying the spacers 45b constitutes such a “cylindrical                    
          portion.”                                                                   
               The examiner’s related determination (see pages 6 and 8 in             
          the answer) that Moribayashi’s bent portion 43 as shown in Figure           
          33 meets reinforcing portion limitations in claim 11 also is well           
          founded.1  As clearly shown in the drawing figure, the bent                 
          portion 43, which is provided in the vicinity of an end portion             
          of the stator (magnets 42), includes bent portions that are                 
          formed by end portions of the case body (yoke 41) and bent toward           
          an inside thereof intermittently around an inner circumferential            
          surface, wherein the bent portions have a U-shape and the stator            
          is fixed at a portion of the inner circumferential surface of the           
          case body which corresponds to a base portion of the U-shape.               

               1 In contrast, the examiner’s findings that Moribayashi’s punched      
          out portions 19 (Figure 19) and holder plate 45 meet the reinforcing        
          portion limitations in claim 11 is unsound.  Neither the punched out        
          portions 19 nor the holder plate 45 are formed by end portions of the       
          case body (yoke 16), and the punched out portions 19 do not have a U-       
          shape from any reasonable perspective.                                      
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