SCHAENZER et al. V. KNIGHT - Page 8




                Interference No. 105,058                                                                                                             
                Schaenzer v. Knight                                                                                                                  
                         30. In his declaration, with regard to US Patent No. 5,345,353 ("the Krantz '353                                            
                patent"), Richard P. Larson states:                                                                                                  
                                  The '353 patent does not suggest, show or describe a slide having a                                                
                         plateau that couples light to a data surface through an evanescent field, a mesa                                            
                         having a tapered side wall, a tapered side wall that is formed by at least one step                                         
                         in the mesa, or coils surrounding a stepped mesa.                                                                           
                         31. In his declaration, Richard P. Larson further states:                                                                   
                                  As one skilled in the art of coil design, I am unaware of any public                                               
                         disclosure, description, or suggestion of the additional structure claimed in claims                                        
                         3-9 of the '797 patent [Schaenzer's involved patent] prior to January 1, 1998.                                              
                         32. After submission of the parties'joint preliminary motion 3, the APJ asked                                               
                respective counsel of the parties, in a telephone conference call on September 12, 2003, if                                          
                Seagate Technology, LLC, the real party in interest of the junior party, could make a                                                
                representation with regard to "non-awareness of prior art which disclose use of a mesa [in a                                         
                slider] having a plateau (claim 3) and use of a mesa [in a slider] having a tapered side wall (claim                                 
                4)." (Paper No. 39 - Summary of Telephone Conference Call)                                                                           
                         33. In the conference call of September 12, 2003, counsel for the junior party                                              
                represented that he could, on behalf of Seagate Technology, LLC, make the representation, albeit                                     
                not having checked with every single engineer employed by Seagate Technology, LLC, that                                              
                certain structural features required by Schaenzer's claims 3 and 4 are not disclosed in any known                                    
                prior art and that he could particularly specify those features. (Paper No. 39 - Summary of                                          
                Telephone Conference Call). On that basis, the APJ authorized the filing by the junior party of a                                    
                supplement to joint preliminary motion 3.                                                                                            

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