Appeal 2006-3069
Application 10/661,273
defeat a finding of anticipation if all the claimed structural limitations are
found in the reference. In re Schreiber, 128 F.3d at 1477, 44 USPQ2d at
1431.
In Schreiber, the court held that a funnel-shaped oil dispenser spout
anticipated a claimed conical-shaped popcorn dispensing top, even though
the function of popcorn dispensing was not taught by the reference, because
the reference met all the structural limitations of the claim. In re Schreiber,
128 F.3d at 1479, 44 USPQ2d at 1433. Here, in the context of anticipation,
we find Kuroda and Onda independently meet all the structural limitations of
the representative claim, as follows:
Independent claim 9 Kuroda
9. A hard disk drive See the hard disk drive shown in
each of Figs. 1-3.
having a motion limiting element We find upper and lower buffer
mechanically constraining movement members 13 mechanically constrain
of the movement (as indicated by the
letters “a” and “a” prime in Figs. 1
and 3) of supporting member 2 (i.e.,
suspension) in response to physical
shock applied to the drive (see
Figs. 1-3).
at least one suspension of the disk We find first supporting member 2 is
drive away from a disk of the disk a “suspension” element as claimed
drive in the event of a mechanical (Figs. 1-3).
shock to the disk drive
while operating at least in a protected We find the region of hard disk
region of the disk platter 5 located under upper buffer
member 13 and above lower buffer
member 13 is a region protected
from physical shocks to the drive, as
shown in Figs. 1 and 2.
8
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Last modified: September 9, 2013