Ex Parte Gitis et al - Page 14




           Appeal No. 2003-0065                                                                     
           Application 09/491,284                                                                   

           uniform shape.  We treat the rejection of a dependent claim as                           
           including an implicit rejection of the claim from which it                               
           depends.  Thus, we sustain the rejection of claims 1 and 4.                              

                 Claims 14 and 15                                                                   
                 Claim 14 is taken as representative.                                               
                 Appellants argue that claim 14 recites "the pad includes a                         
           U-shaped portion ... and a wide part of the U-shaped portion is                          
           spaced from the leading edge," which distinguishes over Brezoczky                        
           for this reason as well as the reasons mentioned for claims 3                            
           and 13 (Br12).                                                                           
                 Appellants do not argue why the examiner erred in the                              
           rejection which includes Fukuoka and, in fact, appellants do not                         
           mention Fukuoka at all.  The rejection must be sustained for this                        
           reason.  In addition, we agree with the examiner that Fig. 7 of                          
           Fukuoka teaches a U-shaped surface which would have suggested to                         
           one skilled in the art of slider design modifying the triangular                         
           thin sheet 52 in Fig. 5 of Brezoczky to have a U-shape.  The wide                        
           part of the U-shaped surface in Fukuoka is spaced from the                               
           leading edge.  The rejection of claims 14 and 15 is sustained.                           








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