Ex parte BOUTAGHOU - Page 5




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

          enclosing the at least one disk and transducer.  We agree with               
          the appellant that it does.                                                  
               In pertinent part, claim 13 recites:  “a cover attached                 
          to said base to form an enclosure for said at least one disk                 
          and said transducer" (Emphasis added).  In our view, it is                   
          unreasonable, in this context, to read the word “for” so broad               
          as to be met by any possible relationship between an enclosure               
          on the one hand and the disk and the transducer on the other.                
          That is not consistent with the ordinary and plain reading of                
          the English language.  Of course, if the appellant had                       
          intended the term “for” to take on such an extraordinary                     
          meaning, he can, by specially defining the term in his                       
          specification.  However, no such special definition can be                   
          found in the specification.  On this record, the examiner has                
          cited no reasonable basis to construe the claim limitation at                
          issue so broadly.                                                            
               On page 19, the specification describes that the shock                  
          watch sensor 111 is housed within the disk drive 10 and has a                
          transparent cover 115 which is in either the cover 14 or the                 
          base 12 of the disk drive.  That is entirely consistent with                 
          reading the claim limitation plainly and straight forwardly so               

                                          5                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007