Appeal No. 2002-1339
Application No. 09/148,239
Figure 4(b), because Imamura is adamant about not using such an
actuator since it provides a long stroke and generates a constant
force along the stroke, “but the force is too weak for our
application” (Imamura, page 218). Therefore, Imamura has
considered the use of a “comb actuator,” or a comb microactuator,
and has decided against it because, as far as Imamura is
concerned, such an actuator will not work with the hard disc
drive of Imamura. Accordingly, the artisan would never have
sought to modify Imamura in a manner so as to employ a comb
microactuator, as claimed.
While the examiner is cognizant of this teaching by
Imamura, the examiner argues that this only means that the force
is too weak for hard disc drives (HDDs), “which does not
necessary [sic, necessarily] mean for all kinds of disk drives.
The claims encompass any type of disk drive” (answer, page 10).
We disagree.
We view the instant invention as being directed to hard disc
drives and construe the claimed “disc drive data storage system”
as such. Moreover, while it is true that Imamura is interested
in HDDs and states that the force produced by the comb actuator
is too weak for this kind of drive, Imamura does not suggest that
the comb actuator is suitable for other types of disc drive
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