Ex Parte CHA - Page 2




                Appeal No. 2002-2300                                                                                 Page 2                    
                Application No. 09/186,212                                                                                                     


                                                             BACKGROUND                                                                        
                         The appellant's invention relates to a subambient air bearing slider for use in disk                                  
                drives.  An understanding of the invention can be derived from a reading of exemplary                                          
                claim 1, which has been reproduced below.                                                                                      
                         The prior art reference of record relied upon by the examiner in rejecting the                                        
                appealed claims is:                                                                                                            
                Strom et al. (Strom)                               5.062,017                        Oct. 29, 1991                              
                         Claims 1, 2, 7, 8, 13 and 14 stand rejected under 35 U.S.C. § 102(b) as being                                         
                anticipated by Strom.                                                                                                          
                         Rather than reiterate the conflicting viewpoints advanced by the examiner and                                         
                the appellant regarding the above-noted rejection, we make reference to the Answer                                             
                (Paper No. 13) for the examiner's complete reasoning in support of the rejections, and                                         
                to the Supplemental Brief (Paper No. 12)2 for the appellant's arguments thereagainst.                                          
                                                                 OPINION                                                                       
                         In reaching our decision in this appeal, we have given careful consideration to                                       
                the appellant's specification and claims, to the applied prior art reference, and to the                                       
                respective positions articulated by the appellant and the examiner.  As a consequence                                          
                of our review, we make the determinations which follow.                                                                        


                         2The original Appeal Brief (Paper No. 10) was considered by the examiner to be defective (Paper                       
                No. 11), which resulted in the filing of the Supplemental Brief.                                                               






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