Appeal No. 1998-3355
Application No. 08/665,167
surface defining a convex shape extending along the lateral axis having at least two distinct
radii.” From our review of Eaton, both Figures 2(a) and 2(b) teach the composite of the
lateral profile of the top surface of the structure. In our view, the top surface of the tape
bearing surface comprises the entire surface comprising both Figures 2(a) and 2(b).
Therefore, Eaton does not teach the entire surface having “at least two distinct radii” as
recited in claim 1. Therefore, we will not sustain the rejection of claim 1 and its dependent
claims 2, 3, 6, 7, 9, 11, and 12. The examiner relies upon the teaching of Eaton at column
4, lines 26-29 and 48-50 to teach the use of two radii. We disagree with the examiner.
The cited portion of Eaton refers to the longitudinal axis which clearly uses two radii of
curvatures, but figure 2(a) discloses only a single radius of curvature in the lateral direction
and Figure 2(b) arguably discloses two radii of curvature in the lateral direction with the
rounded corners. But the entire surface does not contain two radii of curvature as required
by the language of claim 1.
35 U.S.C. § 103
Appellants argue that Eaton does not teach or suggest a “top surface defining a
convex shape extending along the lateral axis having a height between 12.7 and 25.4
microns” as recited in claim 13. (See brief at page 10.) We agree with appellants that
Eaton is silent as to the dimensions of the height of the tape bearing surface.
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007