Appeal No. 2001-2189
Application No. 09/060,636
“conform” to the particular topography of the disk. In
addition, the hard part of the feet would ensure a long
operating life of the slider [answer, pages 4-5].
The examiner’s position here is not well founded. As
indicated above, Fontana’s dual-layer wear pad compensates for
initial misalignment between a head pole piece and the surface of
a disk. This problem is specific to “contact” data storage
systems and has no reasonable relevance to “non-contact” or
“flying” systems of the type disclosed by Kasamatsu. The only
suggestion for combining Kasamatsu and Fontana in the manner
proposed by the examiner stems from hindsight knowledge
impermissibly derived from the appellant’s disclosure.
Hence, the combined teachings of Kasamatsu and Fontana, as
applied above, do not justify the examiner’s conclusion of
obviousness. Accordingly, we shall not sustain the standing 35
U.S.C. § 103(a) rejection of claims 1-18 as being unpatentable
over Kasamatsu in view of Fontana.
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