Ex Parte Gitis et al - Page 8




           Appeal No. 2003-0065                                                                     
           Application 09/491,284                                                                   

           be a "pad" since claim 10 does not define the slider to have any                         
           structure besides a transducer and a pad.  The slider material is                        
           in direct contact with the disk surface during normal operation                          
           (col. 3, lines 30-34; col. 4, lines 12-15).  The slider has a                            
           triangular shape to counteract any tendency for the slider to be                         
           moved off-track by the film of air (col. 4, lines 65-68); the                            
           shape would also inherently push debris to the side, but we note                         
           that no function for appellants' shape has been claimed.  The                            
           rejection of claims 10-12, 26, 31, and 33-39 is sustained.                               

                 Claims 17 and 18                                                                   
                 Appellants argue that claims 17 and 18 distinguish over                            
           Brezoczky for the reason stated for claim 10 and, furthermore,                           
           that Brezoczky fails to teach "the pad includes a wedge-shaped                           
           portion" as recited in claim 17 (Br11).                                                  
                 The thin sheet 52 in Fig. 5, the leading member 64 in                              
           Fig. 6, and the slider 16 in Fig. 2 all have wedge shapes.                               
           Appellants have not said why they do not.  The rejection of                              
           claims 17 and 18 is sustained.                                                           

           Obviousness - Brezoczky                                                                  
                 Claims 13 and 19                                                                   
                 Claim 13 is selected as representative.                                            
                 The examiner states (FR2): "The Examiner takes Official                            
           [N]otice that it is [sic, was] old and well known in the art to                          

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