Appeal No. 97-3469 Application 08/188,427 Mowry and should be ignored in determining the patentability of the invention. The examiner responds that appellants' arguments are "irrelevant because the read gap 72 defined by contacts 58 is clearly 'within the shadow' of pole tip 48, which defines the smallest width of the writing means and is considered to read on the appended claim language" (SEA2). We agree with appellants that Mowry does not support a finding that the write gap is wider than the width of the top magnetic pole tip 48 and the examiner also appears to concede this point. Mowry shows the width of the write gap defined by the width of the top magnetic pole tip 50 as very slightly greater than the width of the read gap defined by the distance between contacts 58. It is difficult to support findings based on the drawings. See In re Wright, 569 F.2d 1124, 1127, 193 USPQ 332, 335 (CCPA 1977) ("Absent any written description in the specification of quantitative values, arguments based on measurement of a drawing are of little value."); In re Wilson, 312 F.2d 449, 454, 136 USPQ 188, 192 (CCPA 1962) ("Patent drawings are not working drawings."). Because there is no discussion of the relative widths of the write gap and read gap, no finding can be made that the elements in figure 4 - 9 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007