Ex Parte Tomiyama et al - Page 8



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

          Accordingly, we shall sustain the standing 35 U.S.C.                        
          § 102(b) rejection of independent claims 1 and 11 as being                  
          anticipated by Moribayashi.                                                 
               We also shall sustain the standing 35 U.S.C. § 102(b)                  
          rejection of dependent claims 3, 4, 6, 8 and 9 as being                     
          anticipated by Moribayashi since the appellants have not                    
          challenged such with any reasonable specificity, thereby allowing           
          these claims to stand or fall with parent claim 1 (see In re                
          Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.                
          1987)                                                                       
               We shall not sustain, however, the standing 35 U.S.C.                  
          § 102(b) rejection of claims 2, 7 and 10, each of which depends             
          from claim 1.                                                               
               Claim 2 defines the reinforcing portion as being integrally            
          formed with the case body.  Claim 7 requires that before the ring           
          portion is fixed, the outer circumferential surface of the                  
          cylinder portion has a conic surface inclined in a direction such           
          that a diameter increases as a distance from the ring portion               
          increases.  Claim 10 recites that the ring portion is disposed              
          between the cylinder portion and the stator.  Suffice to say that           
          Moribayashi does not disclose any structure, including holder               
          plate 45, which meets these claim limitations.                              
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