Ex parte ANDERSON et al. - Page 15




          Appeal No. 95-2413                                                          
          Application 07/936,865                                                      

          be information left out.  Figures 15A and 15B appear to show                
          erosion for a spiral according to Sato '375 and appellants'                 
          mathematical analysis and do not show or discuss any width                  
          associated with path.  A spiral according to Sato '375 (or                  
          Sato '374 or Suzuki) will cause uniform erosion if only the                 
          spiral curve is considered to cause the erosion.                            
               Fourth, the claim limitation of "substantially                         
          proportional" permits some variance and appellants have not                 
          shown how this language distinguishes over the teachings of                 
          the three main references, even assuming, arguendo, they do                 
          not produce uniform erosion.  Thus, for example, Suzuki's                   
          disclosure that the swept area is "almost proportional" to the              
          radius (col. 5, line 65) and that the "erosion rate is almost               
          the same" (col. 6, lines 3-4) is considered to disclose that                
          the total arc length at a certain radius is "substantially                  
          proportional" to the erosion profile function times the                     
          radius.                                                                     
               Fifth, assuming that appellants' interpretation of Suzuki              
          in figures 14A and 14B (which are said to show the magnetic                 
          path and erosion profile for Suzuki, specification, page 25),               



                                       - 15 -                                         





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007