Ex Parte Pottebaum et al - Page 9

                Appeal 2007-0683                                                                             
                Application 10/121,772                                                                       

                i.e., the actuator arms 12a and 12b and the flexure assemblies 13a and 13b                   
                are identical is confirmed by Nakanishi’s disclosure which states “[i]n the                  
                other respects, the head supporting structure 15 is substantially identical to               
                the head supporting structure 16.”  (Nakanishi, col. 7, ll. 44-46).                          
                      In the third embodiment, which is the most pertinent to Appellants’                    
                claimed invention, the oscillation characteristics of the head structures 15                 
                and 16 are made different by slightly varying the structural characteristics of              
                the mounting portions 12a’ and 12b’ of the actuator arm components.                          
                (Nakanishi, Figures 12A and 12B).  Again, as with the other two                              
                embodiments, since the differing oscillation characteristics of the head                     
                supporting structures are attributed solely to the different structural                      
                configuration of the mounting portion of the actuator arm assemblies, it is                  
                reasonable to conclude that the other components of the head supporting                      
                structures, i.e., the flexure arms 13a, 13b, and the core sliders 14a, 14b, are              
                “substantially identical” to each other.                                                     
                      With the above analysis in mind, it is apparent to us that the third                   
                embodiment of Nakanishi satisfies all of the claimed requirements of                         
                independent claims 1, 12, and 19.  We find in this third embodiment of                       
                Nakanishi an actuator assembly having a body portion (hub 9), first and                      
                second actuator arm assemblies which depend from the body portion (hub 9)                    
                at the proximal end thereof (12a’-1, 12b’-1) and distal ends which define                    
                mounting portions (12a’, 12b’).  Further, the arm assemblies are                             
                substantially identical (the ring shaped proximal end portions) except for the               
                differently configured, i.e., rectangularly and trapezoidally shaped, mounting               



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