Ex Parte Nagai - Page 6



         Appeal No. 2005-2437                                                                       
         Application No. 09/682,642                                                                 

              The appellant argues that Nagashima’s starter motor shaft                             
         end 2b is enclosed in the end plate 1a rather than extending                               
         through it (brief, page 5).                                                                
              The appellant’s claim 16 requires that the drive portion of                           
         a rotor shaft extends through a first end cap.  For the first end                          
         cap the examiner relies upon the piece extending from the lower                            
         left corner of magnetic switch 5 to below the roller bearing on                            
         the left side of motor 2 in Nagashima’s figure 1 (answer,                                  
         page 10).  Figure 1 shows that the drive portion of the rotor                              
         shaft extends through that end cap.                                                        
              The appellant argues that Nagashima does not disclose any                             
         detail as to the structure and mounting arrangement of a                                   
         commutator and brushes and their carrier (reply brief, page 2).                            
              The appellant’s claim 16 requires that a commutator is fixed                          
         to a rotor shaft in electrical communication with rotor windings                           
         and that a brush carrier is fixed to a stator shell and carries                            
         brushes cooperating with the commutator.  Claim 16 does not                                
         require that the commutator or brush carrier are fixed directly                            
         to, respectively, the rotor shaft and the stator shell.  The                               
         appellant does not dispute that Nagashima’s motor includes a                               
         commutator, brushes and a brush carrier (reply brief, page 2).                             
         The similarity of the illustration of the appellant’s commutator                           
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