Ex Parte Le et al - Page 5




          Appeal No. 2003-1499                                                        
          Application No. 09/531,872                                                  


          (Answer, page 5), “unitary” means “whole” or “based on or                   
          characterized by unity.”  Appellants define their invention as an           
          integrated suspension for a hard disk drive which is formed “as a           
          single-piece flat design,” eliminating the need for mechanical              
          reinforcement such as flange forming with no additional weld                
          processing required.  Specification, page 4, ll. 1-8.  Appellants           
          further teach that conventional disk drive suspensions are made of          
          two pieces, or if made as a single assembly the suspensions require         
          flanges for mechanical reinforcement (specification, page 2, ll.            
          25-34).  Accordingly, we determine that the claim language, when            
          read in light of the specification as understood by one of ordinary         
          skill in the suspension art, requires a “unitary” or one-piece              
          integrated suspension body with no welds or structural                      
          reinforcement.                                                              
               The examiner has failed to present any convincing evidence or          
          technical reasoning supporting the claim construction that                  
          “assembly welds” are a “method limitation” which has no effect on           
          the completed structure (Answer, page 5).1  It is clear that                
          assembly welds would have an effect on the completed structure, as          


               1The examiner has not addressed the corresponding claim                
          language “free of ... structural forming.”  See the Answer in its           
          entirety.                                                                   
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