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 2Page: Previous 1 2 3 4 5 6 7 8 Next
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