Ex Parte Fisher - Page 2

            Appeal 2007-0387                                                                          
            Application 09/756,688                                                                    

        1        The claimed invention is directed to a sealed bearing unit for a marine              
        2   propulsion system such as a mud motor.  Claim 40, reproduced below is further             
        3   illustrative of the claimed subject matter:                                               
        4        40. A sealed bearing unit for a marine propulsion system, comprising:                
        5                                                                                             
        6                    a) a casing configured for rotatably receiving a propeller shaft         
        7        therethrough, wherein a lower end of the casing includes;                            
        8                                                                                             
        9                    b) a bearing housing, having a lower end;                                
       10                                                                                             
       11                    c) a bearing, in rotational communication between the bearing            
       12        housing and the propeller shaft; and                                                 
       13                                                                                             
       14                    d) a seal, contained within the bearing housing, configured to           
       15        restrict contaminants from entering the bearing housing.                             
       16                                                                                             
       17        The reference of record relied upon by the Examiner as evidence of                   
       18   anticipation is:                                                                          
       19        Lovell                   US 4,710,142           Dec. 1, 1987                         
       20                                                                                             
       21        Claims 40-42, 44-46, 48, 49, 51, and 52 stand rejected under 35 U.S.C. §             
       22   102(b) as clearly anticipated by Lovell.  We further acknowledge multiple                 
       23   Declarations of record in the application.  Some averments of the Declarations run        
       24   to the definition of claim terms.  We must note, however, that claim interpretation       
       25   is a matter of law.                                                                       
       26        The claims are not argued separately.  Thus, they stand or fall together.            
       27                                      ISSUES                                                 
       28        The sole issue for our consideration in this appeal is whether the Examiner          
       29   has established that Lovell anticipates the claims on appeal.                             
       30                                                                                             

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