Appeal No. 2006-0833
Application No. 10/297,832
meniscus and the formation of a non-zero pressure gradient between the meniscus
layer and the raceway. The examiner, as in the above discussed rejection has not
established that these features of claim 1 necessarily occur in the Akamatsu ‘672 (see
answer at page 4).
In regard to the rejection of claim 10 under 35 U.S.C. §103 as being
unpatentable over Akamatsu ‘947 in view of engineering design choice, we note that
claim 10 is dependent on claim 1 and thus includes the subject matter related to the
meniscus displacement and the formation of the non-zero pressure gradient which is
not disclosed, or suggested for that matter, in the Akamatsu ‘947 reference. As such,
we will not sustain this rejection for the same reasons discussed above in regard to the
rejection of claim 1 under 35 U.S.C. § 102(a).
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