Ex Parte Khanna et al - Page 9


                Appeal 2006-3069                                                                                   
                Application 10/661,273                                                                             

                such that an air bearing between a        We find the space between heads 4                        
                slider supported by the suspension        and hard drive disk 5 is the air                         
                and the disk is not substantially         bearing (Figs. 1 and 3). We find the                     
                disrupted.                                second supporting member 3                               
                                                          corresponds to the recited “slider                       
                                                          supported by the suspension”                             
                                                          (Figs. 1 and 3).                                         
                       Independent claim 9     Onda                                                                
                9.  A hard disk drive See Onda’s HDD 10, Fig. 1.                                                   
                having a motion limiting element          See Onda’s motion-limiting “elastic                      
                mechanically constraining movement        members 30, 31, 32, and 34,” col. 4,                     
                of                                        ll. 41-43, Figs. 2-5.                                    
                at least one suspension of the disk       See Onda’s “suspensions 21a-21d,                         
                drive away from a disk of the disk        col. 5, ll. 1-14, Figs. 2-5.                             
                drive in the event of a mechanical                                                                 
                shock to the disk drive                                                                            
                while operating at least in a protected   We find the region of hard disk                          
                region of the disk                        platter 13 that is protected from                        
                                                          physical shocks to the drive by                          
                                                          motion-limiting elastic members 30,                      
                                                          31, 32, and 34 is a protected region,                    
                                                          as shown in Figs. 2-5.                                   
                such that an air bearing between a        We find the space between Onda’s                         
                slider supported by the suspension        “flying head sliders 22a-22d” (col. 4,                   
                and the disk is not substantially         l. 19, Figs. 2-5) and hard drive disk                    
                disrupted.                                platter 13 is the air bearing                            
                                                          (Figs. 2-5).                                             


                       Moreover, “when the PTO shows sound basis for believing that the                            
                products of the applicant and the prior art are the same, the applicant has the                    
                burden of showing that they are not.” In re Spada, 911 F.2d 705, 708, 15                           
                USPQ2d 1655, 1658 (Fed. 1990) (citation omitted). Where the Patent Office                          

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