Ex Parte Le et al - Page 6




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


          the suspension would be weaker at the weld joints, as well as               
          having welding material or flux at these joints, and have less              
          flexibility than the same suspension that was not welded.2  Of              
          course, it is equally clear that structural forming would have an           
          effect on the completed structure (e.g., see Girard, Figure 1 and           
          col. 4, ll. 37-39).  Therefore we determine that the examiner has           
          not established that the load beam, flexure and gimbal welded               
          together to form the suspension body of Arya would be identical             
          to the unitary, continuous load beam, flexure and gimbal of the             
          claimed integrated suspension body.                                         
               For the foregoing reasons, we determine that the scope of              
          claim 1 on appeal includes a unitary or one-piece integrated                
          suspension body including the load beam, flexure and gimbal, with           
          the structural limitations “free of assembly welds and structural           
          forming.”  Appellants point out numerous disclosures in both Arya           
          and Girard where the suspension body comprises at least two pieces          
          which are welded together, as well as the disclosure of stiffening          
          rails 32 in Girard (Brief, pages 4-5; see Arya, col. 2, ll. 45-57;          
          col. 3, ll. 33-36; col. 4, ll. 1-9; and Girard, col. 4, ll. 29-64).         
          The examiner has not shown either reference to be free of assembly          


               2See Arya, col. 2, ll. 45-54, and col. 4, ll. 1-5.                     
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