Ex parte BOUTAGHOU - Page 4




          Appeal No. 98-0592                                                           
          Application 08/463,168                                                       

          enclosure so that said shock sensitive sensor is viewable                    
          through said window.”  The shock sensitive sensor changes from               
          one state to another when the disk drive has been subjected to               
          a shock of a predetermined amount.                                           
               Elliot discloses a disk drive 10 having a base 50, cover                
          52, disk 12, actuator 30, and transducer 28.  The examiner                   
          finds that Elliott’s disk drive does not include any window on               
          the cover or base for viewing inside an enclosure or any shock               
          sensitive sensor capable of changing from one state to another               
          and attached to either the cover or the base, which is                       
          viewable through a window on the cover or base. (Answer at 4).               
          However, the examiner is of the view that the deficiencies of                
          Elliott are made up from the teachings of Rubey when they are                
          applied in combination with the teachings of Elliott.                        
               Central to this appeal is an issue of claim                             
          interpretation.  As the Federal Circuit has stated, "the name                
          of the game is the claim."  In re Hiniker Co., 150 F.3d 1367,                
          1369, 47 USPQ2d 1523, 1529 (Fed. Cir. 1998).  The examiner and               
          the appellant apparently disagree as to whether claim 13                     
          requires the shock sensitive sensor to be located within an                  
          enclosure formed by the cover and the base and encompassing or               

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