Appeal 2007-0387
Application 09/756,688
1 ANALYSIS
2 Appellant’s chief argument with respect to the claims on appeal is found in
3 the first full paragraph on page 8 of the substitute Appeal Brief. The argument is
4 that Lovell illustrates a bushing and not a bearing. Appellant further argues that
5 the bushing cannot be in rotational communication between the housing and the
6 propeller shaft as recited in paragraph c of the independent claim 40, and that
7 Lovell is unsuitable for a mud motor.
8 Taking the last argument first, we note that the independent claims 40 and
9 46 are simply not directed to a mud motor. A mud motor is not mentioned; a mud
10 motor is not even implied.
11 With respect to rotational communication, this argument is also
12 unconvincing. The inner part or rubber insert 44 is contacted by the rotating
13 propeller shaft 16 while the outer part of the bearing, whether it be the bronze outer
14 shell 42 or the inner bearing 30, contacts the bearing assembly 10 and does not
15 rotate. This is exactly the same relationship as Appellants disclosed ball, roller, or
16 needle bearings. The inner part of the bearing contacts the rotating shaft and the
17 outer part contacts the housing the bearing is installed in.
18 We acknowledge that claim limitations are given their broadest reasonable
19 interpretation consistent with the Appellant’s Specification. We further
20 acknowledge that Appellant’s Specification does distinguish between bearings and
21 bushings (Specification at 3). Appellant states that in the prior art “bushings made
22 from brass [bronze] or the like have been most commonly used.” Next, Appellant
23 discusses roller or ball bearing which are said to rapidly use grease or other
24 lubricants which leads to early bearing failure. While this paragraph does mention
25 roller or ball bearing, in no way does this paragraph state that the term “bearing” is
26 restricted to roller, ball, or needle bearings, and it leaves open the possibility that
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Last modified: September 9, 2013