Appeal No. 2001-2407
Application No. 09/154,703
and we remain unconvinced that either of these references intends
the “stepped” portion cited by the examiner as a mount for an
actuator.
Accordingly, we find no reason for the artisan to have
combined either of Mizuno or Yamaguchi with APA in any manner
which would have resulted in the instant claimed subject matter.
It appears to us that the only evidence of record for forming a
stepped portion in the slider for mounting an actuator comes from
appellants’ own disclosure. Such hindsight is not a proper basis
for a rejection under 35 U.S.C. 103.
The examiner’s rejection of claims 1-3 and 7-18 under
35 U.S.C. 103 is not sustained.
CONCLUSION
We have not sustained the rejection of claims 1-3 and 7-18
under 35 U.S.C. 103 and we have not sustained the rejection of
claims 11/9, 12, 13/9 and 17 under 35 U.S.C. 112. We have,
however, sustained the rejection of claims 10, 11/10, 13/10 and
18 under 35 U.S.C. 112, first paragraph.
Accordingly, the examiner’s decision is affirmed-in-part.
-11–
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007