Ex Parte Nagai - Page 7



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

         (26, figure 1) and the component of Nagashima’s motor immediately                          
         to the left of the bearing on the right side of the motor                                  
         indicates that one of ordinary skill in the art would have                                 
         considered the component to be a commutator which, like the                                
         appellant’s commutator, is fixed to the rotor shaft.  Because                              
         Nagashima’s motor is an assembled unit, the brush carrier                                  
         necessarily is fixed to the stator shell directly or indirectly.                           
                                                                                                   
              For the above reasons we are not convinced of reversible                              
         error in the examiner’s rejection of claim 16.  Accordingly, we                            
         affirm the rejection of claim 16, and claims 1 and 17 that stand                           
         or fall therewith.                                                                         
                                     Claim 10                                                       
              The appellant argues that it is speculation whether the                               
         structure on the right side of Nagashima’s figure 1 is a                                   
         commutator and brush.                                                                      
              The appellant’s claim 10 requires that first and second end                           
         caps of a stator shell are fixed to each other by threaded                                 
         fasteners and that the stator shell is sandwiched therebetween.                            
         Nagashima’s figure 1 shows a threaded fastener at the lower part                           
         of the motor housing, and shows that the fastener fixes together                           
         the stator shell’s two end caps with the stator shell being                                
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