Ex parte KHAN - Page 8




          Appeal No. 95-4550                                                          
          Application 08/025,902                                                      


          embodiment shown in Figure 2 of Yumura’s drawings.                          
               With regard to the rejection of claims 1 and 6 based on                
          Yamada in view of Yumura, we are convinced that one of ordinary             
          skill in the art would have recognized the effect of varying or             
          changing the lever arm length between the point of contact of the           
          dimple and the pivot axis of the bight upon factors such as the             
          bending moment. Skill in the art is presumed, not the converse.             
          In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir.               
          1985). We are therefore satisfied that one of ordinary skill in             
          the art would have recognized the effect of shortening the lever            
          arm length between the contact point of the dimple 25 and the               
          pivot axis of the bight in Yamada’s structure to offset the                 
          contact point of the dimple from the center of the flexure                  
          portion for the slider so that it lies in closer proximity to the           
          bight portion of the flexure in the manner implicitly taught by             
          Yumaura.                                                                    


               In view of the foregoing, we are satisfied that the combined           
          teachings of the applied references, whether taken as Yumura in             
          view or Yamada or Yamada in view of Yumura, would have suggested            
          the subject matter of claims 1 and 6 to one of ordinary skill in            
          the art to warrant a conclusion of obviousness under the test set           

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