Ex Parte Le et al - Page 4




          Appeal No. 2003-1499                                                        
          Application No. 09/531,872                                                  


          slider displacement” for the purpose of providing “a simplified             
          assembly of the components.”  Id.                                           
               The dispositive issue in this appeal is the claim construction         
          advanced by the examiner.  The examiner finds that Arya discloses           
          an integrated suspension body having a unitary continuous load              
          beam, flexure and gimbal (Answer, pages 3 and 5).  The examiner             
          states that the “claimed invention” does not require a “one-piece”          
          load beam, flexure and gimbal (Answer, page 5).  Contrary to                
          appellants’ arguments (Brief, paragraph bridging pages 3-4), the            
          examiner construes the claimed language “free of assembly welds and         
          structural forming” as a method limitation in a product claim,              
          which in this instance has no effect on the completed structure             
          (Answer, page 5).  We disagree with the examiner’s claim                    
          construction.                                                               
               During ex parte prosecution before the examiner, the claim             
          language must be given its broadest reasonable interpretation, when         
          read in light of the specification and as understood by one of              
          ordinary skill in the relevant art.  See In re Morris, 127 F.3d             
          1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  Claim 1 on              
          appeal recites that the “integrated suspension body having a                
          unitary, continuous load beam, flexure and gimbal” is “free of              
          assembly welds and structural forming.”  As defined by the examiner         
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007