Ex Parte Gitis et al - Page 17




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

                 Claims 23 and 24                                                                   
                 Claim 23 is taken as representative.                                               
                 Appellants argue that claim 23 recites "the pad includes a                         
           hyperbolic-shaped portion," which Brezoczky fails to teach                               
           (Br13).  It is argued that the examiner's assertion that Fukuoka                         
           teaches a slider 1 with a hyperbolic-shaped bottom portion is                            
           incorrect because the passage at column 10, lines 30-32, refers                          
           to the leading edge of the slider (Br13).  Moreover, it is                               
           argued, if Brezoczky was modified so the slider body had a                               
           hyperbolic shape, it is unclear how read/write head 17 could be                          
           properly formed on surface 58 which would be curved (Br13).                              
                 Fukuoka teaches that one end portion of the slider in Fig. 7                       
           has an outer shape defined by part of a parabola, a circle, or an                        
           oval (col. 10, lines 30-32).  We interpret this to refer to the                          
           outer shape of the bottom surface since the description                                  
           immediately follows the description of Fig. 6 which states that                          
           the surface has a circular or oval outer shape and since what is                         
           being discussed is the shape of the bottom surface.  Moreover,                           
           Fig. 7 clearly shows a surface which can be described as an                              
           "outer shape" defined by "part of" a parabola, a circle, or an                           
           oval.  While Fukuoka does not expressly teach a hyperbolic shape,                        
           Fukuoka's teachings of parabolic, circular, and oval shapes would                        
           have suggested to one of ordinary skill in the art that other                            
           shapes, whether or not describable by a mathematical function,                           

                                              - 17 -                                                





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