Ex Parte Nagai - Page 8



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

         therebetween.  Claim 10, due to its dependence from claim 1, also                          
         requires that the commutator is fixed to the rotor shaft at an                             
         end thereof spaced from the drive portion of the rotor shaft.  As                          
         discussed above regarding the rejection of claim 16, one of                                
         ordinary skill in the art would have considered the structure to                           
         the left of the bearing on the motor’s right side in Nagashima’s                           
         figure 1 to be a commutator.  The commutator is at an end of the                           
         rotor shaft spaced from the rotor shaft’s drive portion which is                           
         on the left side of the motor.                                                             
              We therefore affirm the rejection of claim 10 and claim 11                            
         that stands or falls therewith.                                                            
                                     Claim 12                                                       
              The appellant argues that a distinguishing feature of                                 
         claim 12 is that the second end cap is affixed to a body that                              
         journals another shaft.                                                                    
              Due to its dependence from claim 11, claim 12 also requires                           
         that the brush carrier is fixed to the second end cap.  As                                 
         discussed above regarding the rejection of claim 16, one of                                
         ordinary skill in the art would have considered the part of                                
         Nagashima’s motor to the left of the bearing on the right side of                          
         the motor to be a commutator.  Accordingly, such a person would                            
         have considered the portion surrounding the commutator to be the                           
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