Appeal 2007-1549
Application 10/632,017
one another (App. Br. 8); and (3) a sliding ring having a sliding surface
facing the joint ball that is adjacent to the ball race (Reply Br. 2).
Appellants’ first argument is based on Yao’s description of the sliding
ring (A1) as being embedded in the sealing bellows (8) (App. Br. 6).
According to Appellants, because the sealing bellows (8) touches the ball
race (13) on three sides, the sealing bellows (8) cannot slide in the ball race
(13) and as such, the embedded sliding ring (A1) also cannot slide in the ball
race (13) (App. Br. 7). Therefore, according to Appellants, Yao does not
disclose that the “sliding ring slides within the ball race” (App. Br. 7).
The Examiner agrees with Appellants that the sealing ring (A1) is
embedded in the sealing bellows (8). However, the Examiner asserts that,
although the sliding ring is embedded, because the recesses of the ring
projections (11) contain lubricant that permits sliding and rotation between
the sealing bellows (8) and the ball race (13), the sliding ring (A1) will also
slide along with the sealing bellows when the sealing bellows slides relative
to the ball race 13 (Ans. 8). As best seen in Figure 3 of Yao, the embedded
ring (A1) is positioned within the ball race (13) and slides along with the
sealing bellows (8) when the bellows slides relative to the ball race (13),
thereby sliding “in said ball race.” Therefore, we agree with the Examiner’s
finding that the sliding ring of Yao is “mounted to slide in said ball race.”
Addressing Appellants’ second and third arguments, the crux of the
arguments rests on whether Yao discloses all of the argued elements of
claim 1. "A claim is anticipated only if each and every element as set forth in
the claim is found, either expressly or inherently described, in a single prior
art reference." Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d
628, 631, cert. denied, 484 U.S. 827 (1987). The Examiner found that Yao
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