Ex parte KAZMIERCZAK et al. - Page 9




          Appeal No. 97-3469                                                          
          Application 08/188,427                                                      

               Mowry and should be ignored in determining the                         
               patentability of the invention.                                        
          The examiner responds that appellants' arguments are                        
          "irrelevant because the read gap 72 defined by contacts 58 is               
          clearly 'within the shadow' of pole tip 48, which defines the               
          smallest width of the writing means and is considered to read               
          on the appended claim language" (SEA2).                                     
               We agree with appellants that Mowry does not support a                 
          finding that the write gap is wider than the width of the top               
          magnetic pole tip 48 and the examiner also appears to concede               
          this point.  Mowry shows the width of the write gap defined by              
          the width of the top magnetic pole tip 50 as very slightly                  
          greater than the width of the read gap defined by the distance              
          between contacts 58.  It is difficult to support findings                   
          based on the drawings.  See In re Wright, 569 F.2d 1124, 1127,              
          193 USPQ 332, 335 (CCPA 1977) ("Absent any written description              
          in the specification of quantitative values, arguments based                
          on measurement of a drawing are of little value.");                         
          In re Wilson, 312 F.2d 449, 454, 136 USPQ 188, 192 (CCPA 1962)              
          ("Patent drawings are not working drawings.").  Because there               
          is no discussion of the relative widths of the write gap and                
          read gap, no finding can be made that the elements in figure 4              
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