SCHAENZER et al. V. KNIGHT - Page 13




                 Interference No. 105,058                                                                                                            
                 Schaenzer v. Knight                                                                                                                 
                         Joint preliminary motion 3 does not explain in a meaningful manner why U.S. Patent No.                                      
                 5,345,353 does not disclose, in the context of an optical disc data storage system, a slider having                                 
                 a mesa with a tapered side wall. In that regard, the declaration of Richard P. Larson simply                                        
                 states in a conclusory manner that U.S. Patent No. 5,345,353 does not suggest, show or describe                                     
                 a slider having "a mesa having a tapered side wall," or "a tapered side wall that is formed by at                                   
                 least one step in the mesa7 (Exhibit 2007, 18). On its face, Figure 4 of U.S. Patent No.                                            
                 5,345,353, reproduced below, appears to show mesas 110 and 111 protruding from the surface of                                       
                 the slider 100, and each mesa has a tapered side wall 113:                                                                          



                                                                        102 100 103                                                                  
                                                    107                                                                                              

                                     110                                                                                                             
                               113                                                                                                                   

                                                                                       FIG. 4                                                        
                                                   1 6 113                                                                                           




                 If the above-illustrated structure is not considered a slider having a mesa with a tapered side wall,                               
                 that has to be explained.                                                                                                           




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