Ex Parte BOUTAGHOU et al - Page 5




          Appeal No. 2001-1268                                                        
          Application No. 09/100,698                                                  


          corresponding structure to the stiction reducing means in Okada             
          is said by the examiner to be the air bearing surfaces 5 provided           
          to fly the slider with the air bearing surfaces and transducer              
          above the disc surface, and the plurality of landing pads, 9,               
          each having a contact surface which extends by a first height               
          below the ABS’s toward the disc surface, and by a second height             
          greater than the first height from a recessed surface farther               
          from the disc surface than the ABS’s (Figures 1 and 4).                     
          Accordingly, the examiner concludes that the stiction reducing              
          means in Okada is structurally equivalent to that disclosed by              
          the instant invention.                                                      
               Appellants do not dispute that the applied references each             
          shows a disc drive, a supportable slider and a stiction reducing            
          means for reducing stiction between the slider and the rotatable            
          disc.  Rather, appellants invoke In re Donaldson, 16 F.3d 1189,             
          29 USPQ2d 1845 (Fed. Cir. 1994) and conclude that since the                 
          stiction reducing means is in “means plus function” format, the             
          instant claimed elements must be construed as the mechanisms                
          explicitly disclosed or “equivalents thereof.”  Appellants urge             
          that the claimed “stiction reducing means” must be construed as             
          the structure shown in Figures 4-3, 5-1 and 5-2 of the instant              
          application and as described in the instant specification.                  
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