Appeal No. 2001-0165
Application 08/893,220
Indus. Crating & Packing, Inc., 731 F.2d 818, 826, 221 USPQ
568, 573-4 (Fed. Cir. 1984). In this instance, with reference
to both appellants’ written specification and drawn figures,
it is clear that proximate means “next to, adjacent or close
to.” The entire portions 17 and 18 are not adjacent or next
to the magnetic head. Accordingly, Kawasaki does not
anticipate appellants’ claim 35.
We have also reviewed the rejection of claim 42 on
obviousness grounds, but the lack of a reference that
discloses or suggests removing a portion of the air bearing as
required in claim 35 renders an obviousness rejection
unsustainable.
Accordingly, the rejections of all claims on appeal are
reversed.
REVERSED
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