Ex Parte Borcherding - Page 5



          Appeal No. 2005-0687                                                        
          Application No. 10/097,510                                                  

          and, therefore, not germane to the degree of protection sought by           
          the appealed claims.                                                        
               Specifically, appellant contends that the prior art does not           
          disclose the claim 20 requirement that "the bearing cap having a            
          radially inner edge that extends around the annular flange of the           
          thrust collar" (emphasis added).  However, we agree with the                
          examiner's reasoning that the admitted prior art depicted in                
          appellant's Figure 1 comprises a bearing cap 36 having inner                
          walls 44 and 46 and a lip 48 that is situated "around" thrust               
          collar 34 (see paragraph bridging pages 3 and 4 of Answer).  As             
          explained by the examiner,                                                  
               [t]he language of the claim does not narrowly limit the                
               radially inner edge (the lip of the APA of Figure 1) to                
               be at the same axial position as the thrust collar but                 
               only requires the lip to be 'on various sides' of or                   
               'in any direction' towards the thrust collar.                          
          (Page 4 of Answer, first paragraph, penultimate sentence).  Claim           
          20 does not require, as urged by appellant, that "the radially              
          inner edge of the bearing cap circumscribes the annular flange of           
          the thrust collar" (page 3 of Reply Brief, third paragraph).                
               Appellant also maintains that the admitted prior art does              
          not disclose the claim 25 requirement that "the bearing cap                 
          having an annular side wall with an interior surface that extends           

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