Ex Parte Khan et al - Page 4




             Appeal No. 2003-0273                                                                 Page 4               
             Application No. 09/863,664                                                                                


             The relationship between microchip 20 and the load beam is described in the following                     
             manner:                                                                                                   
                    Although in a preferred low profile monocoque HSA [head suspension                                 
                    assembly] the VTC IC may slightly protrude, the space inside the                                   
                    monocoque region 30 is large enough to totally encase a custom IC and all                          
                    of the connections to its pins (column 8, lines 44-47).                                            
                    The only argument set forth by the appellants with regard to the rejection of claim                
             23 is that the Goss microchip is not mounted “in” the opening 51.  We do not agree.  As                   
             shown in Figure 5 and described in column 8, at least a portion the microchip protrudes                   
             through and therefore is mounted “in” opening 51, and thus it is our view that the terms                  
             of claim 23 are met by the Goss device, and we will sustain the rejection.                                
                    Claim 33 requires that there be a load beam having a base portion, a spring                        
             portion, and a rigid portion, and that a slider be mounted on “a first side” of the rigid                 
             portion and a microchip on “a second side” of the rigid portion.  The load beam in Goss                   
             is a two-piece construction comprising a base 12 that is caused to be rigid by the                        
             presence of a shell 31 attached thereto. In light of the appellants’ specification, we                    
             interpret the first and second “sides” of the load beam to be the outer surfaces thereof                  
             (see description of Figures 1 and 2 on page 7).  In the Goss arrangement, the slider is                   
             mounted on a first side of the load beam but the microchip is not mounted on a second                     
             side of the load beam, but is located within the cavity of the load beam.  Thus, the step                 
             of mounting the microchip on a second “side” of the load beam is not taught by Goss,                      
             and the reference does not anticipate claim 33.                                                           







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