Ex Parte SMITH JR. - Page 6



          Appeal No. 2001-1094                                                        
          Application 09/237,578                                                      


          commence review of the pertinent evidence and arguments of                  
          Appellant and Examiner.                                                     
               Upon review, we fail to find that the Examiner has provided            
          us with objective evidence to support why one of ordinary skill             
          in the art would have combined Horikawa with Flechsig.  All of              
          the independent claims include the limitation of a piezoelectric            
          transducer secured to the surrounding sidewall surface and                  
          projecting outwardly.  See Appeal Brief, Page 17, lines 14-15 and           
          Page 19, lines 5-6 and Page 20, lines 1-2. We find Flechsig                 
          teaches a piezoelectric sensor sandwiched within a slider.  See             
          Flechsig, Figure 2, and column 4, lines 5-9.  However, we find              
          that Flechsig fails to provide any suggestion to move the                   
          piezoelectric sensor to be secured to the surrounding sidewall              
          surface.                                                                    
               We find that Horikawa teaches a composite magnetic head                
          portion 20 attached to the front surface of the head slider 13.             
          See Horikawa Figure 1(B) and column 4, lines 21-23.  We also find           
          that the composite magnetic head portion 20 is used for detecting           
          surface roughness of a magnetic recording medium, a magnetic disk           
          11.  See Horikawa, column 3, lines 45-53.  However, we find this            
          teaching of placing a roughness sensor on the front surface of              

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