Ex Parte Wu et al - Page 5

               Appeal 2007-0936                                                                             
               Application 10/455,507                                                                       
               1667 (Fed. Cir. 2000) (“during examination proceedings, claims are given                     
               their broadest reasonable interpretation consistent with the specification.”).               
               However, in the instant case, when we look to the Specification for context,                 
               we find no express or implied definition for the claimed “spring region.”                    
               Instead, Appellants broadly disclose “[t]he proximal end of the load beam                    
               includes a base plate and a spring region nearby on the load beam”                           
               (Specification 4, ll. 12-13, emphasis added).  In describing the related art,                
               Appellants reveal that prior art disk drives have “a spring region near the                  
               base plate on the load beam, the thickness of which is thinner than that of                  
               other areas, producing a force to help maintain the flying SLD [slider]                      
               stability” (Specification 2, ll. 2-4).                                                       
                      After carefully considering the evidence before us, we agree with the                 
               Examiner that “a load beam having a rigid body, a proximal and a distal                      
               end, and a spring region between the proximal end and the rigid body”                        
               broadly but reasonably reads on the Imamura reference.  We agree with the                    
               Examiner that the amount of resilience contained in the claimed “spring                      
               region” is not defined in the Specification nor depicted in the instant                      
               drawings.  In particular, we find Appellants have disavowed that any                         
               material with resilient properties is the equivalent of a “spring region” (see               
               Reply Br. 2, i.e., “Just because a material may display resilience does not                  
               mean it is the equivalent of a spring region as described in embodiments of                  
               the present application”).  While Appellants have argued that the term                       
               “spring region” is “easily understood by one of ordinary skill in the art,” we               
               nevertheless find Appellants have failed to provide sufficient evidence in the               
               record to conclusively establish the plain meaning of the disputed term (see                 
               Reply Br. 3, ¶ 2).                                                                           

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