Ex Parte Gitis et al - Page 20




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

                 The examiner maintains that spacing the leading edge of a                          
           slider pad from the leading edge of a slider was old and well                            
           known in the art of magnetic head sliders and, therefore, it                             
           would have been obvious to have spaced the leading edge of the                           
           pad from the leading edge of the slider (EA9).  The examiner also                        
           repeats the obviousness reasoning of the rejection (EA9-10).                             
                 Parent claim 10 does not recite any slider structure other                         
           than the transducer and the pad; for example, it does not recite                         
           a pad attached to a slider.  No drawing figure appears to                                
           correspond to this claim.  The slider could consist only of the                          
           pad and the head, such as the one-piece slider 16 and head 17 in                         
           Figs. 2 and 3 of Brezoczky.  Thus, it is indefinite what slider                          
           structure is being referred to in claim 27.  We leave it to the                          
           examiner and appellants to fix this problem.  For purposes of the                        
           appeal, we assume that the slider is a separate structure to                             
           which the pad is attached.  We also note that claim 27 does not                          
           say in which direction the leading edge of the pad is spaced from                        
           the leading edge of the slider, although this is a matter of                             
           claim breadth, not indefiniteness.                                                       
                 Numeral 104 in Kubo is a leading surface of the slider that                        
           serves as a contact surface.  Numeral 40 points to an inclined                           
           edge.  The leading surface 104 is spaced from the front edge of                          
           the slider by the length determined by the inclined edge 40.                             
           While Kubo does not show a separate pad attached to a slider                             

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