Ex Parte Gitis et al - Page 8




             Appeal No. 2003-1173                                                                                     
             Application No. 09/991,855                                                                               

             Appellants take the “leading edge” of the rail in Inumochi to be the extreme edge of the                 
             slider shown in Figure 1 of the reference; i.e., “ridge 8 is spaced distance L1 from the                 
             leading edge of the rail.”  (Brief at 9.)                                                                
                    Claim 40 recites that each of the rails has a leading edge that is part of a curved               
             surface and faces into a general direction of relative motion between the slider and the                 
             medium.  As shown in Figures 1 through 4 of Inumochi, and further described at                           
             columns 2 and 3 of the reference, the rails are comprised of air-bearing surface 2 and                   
             taper surface 3, which has a circular or parabolic profile.  The leading portion of taper                
             surface 3 meets the requirements of the claimed “leading edge.”  Claim 40 further                        
             requires that “the leading edge is narrower than the trailing edge,” but does not specify                
             the sections of the leading edge and the trailing edge that are to form the basis for the                
             comparison.  A dimension of taper surface 3, as shown in Figure 2A of Inumochi, is                       
             narrower in width that the trailing edge (near magnetic head 4; Fig. 1) of the rail.                     
                    Further, we consider appellants’ observations with respect to claim 61 to be                      
             based on an overly narrow interpretation of the language.  Appellants argue that                         
             Inumochi “discloses a rail in which the leading edge extends to the outer side surface of                
             the slider body.”  (Brief at 9.)  The claim does not distinguish, however, over the leading              
             portion of taper surface 3 disclosed by Inumochi, which, due to its circular or parabolic                
             profile, does not extend to the outer side surface of the slider body.                                   
                    We thus sustain the Section 102 rejection of claims 40, 48-50, 54-61, 63, 64, 67,                 
             and 68 as being anticipated by Inumochi.                                                                 
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