Appeal No. 98-0592
Application 08/463,168
as to have the disk and the transducer enclosed by the
enclosure formed by the attachment of the cover to the base of
the disk drive. That is how we construe the claim feature at
issue.
Because the enclosure formed by attachment of the cover
and the base must enclose the disk and the transducer, the
shock sensitive sensor must be located within the enclosure
that encloses the disk and the transducer. In that regard,
claim 13 recites: “a shock sensitive sensor attached to one of
said cover and said base within said enclosure so that said
shock sensitive sensor is viewable through said window”
(Emphasis added).
Based on our claim construction, we find that contrary to
the examiner’s view, Rubey does not make up for the
deficiencies of Elliott. First, Rubey discloses a shock
sensitive sensor 13 that is located on the exterior of a disk
cartridge device 11, external to the enclosure which encloses
a disk. See Figures 1 and 2. Rubey’s sensor is not located
within the enclosure enclosing the disk, as is required by the
appellant’s claims. Furthermore, the transparent section
35 on the shock detection device 13 is not a window on the
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