Ex parte KADOWAKI - Page 6

          Appeal No. 1997-3965                                                        
          Application No. 08/389,069                                                  

               Appellant argues (Brief, pages 8-14) that Toensing does                
          not disclose the angular relationship between the longitudinal              
          axis of the slider body and the tangent of an intermediate                  
          track.  Appellant contends (Brief, pages 9-11, and Reply                    
          Brief, pages                                                                
          4-5) that without a discussion in Toensing as to the angular                
          relationship, the other references applied by the examiner                  
          evidence that Toensing cannot be interpreted to include the                 
          claimed relationship.  However, the additional references                   
          disclose structures that differ significantly from Toensing's.              
          On the other hand, appellant discloses (Specification, page 2,              
          lines 22-28) a prior art structure similar to that shown by                 
          Toensing's figure 3 and admits that "[c]onventionally, . . .                
          when the floating slider is positioned on an intermediate                   
          track the angle the rails on the floating slider form with the              
          tangent to the radially intermediate track is zero."  Thus,                 
          appellant's admissions appear to be more relevant extrinsic                 
          evidence as to what Toensing inherently discloses.                          
               Further, appellant asserts (Brief, pages 11-14) that one               
          cannot infer any relationship from the drawings of Toensing                 
          unless "one of ordinary skill in the art would have known the               

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Last modified: November 3, 2007