Ex parte KATSUO WADA et al. - Page 11




              Appeal No. 97-2421                                                                                                                       
              Application 08/202,411                                                                                                                   

              this feature.  Still further, we do not understand how the examiner proposes to modify Carteau to use                                    
              an L-shaped lever since Carteau uses a wire to raise and lower the head, not a lever that is raised and                                  
              lowered while contacting the suspension as recited in claim 19.  For all these reasons the rejection of                                  
              claim 25 is reversed.                                                                                                                    
                             NEW GROUND OF REJECTION PURSUANT TO 37 CFR § 1.196(b)                                                                     
                       Claims 17 and 18 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Carteau.                                      
              Carteau discloses that the head should be lowered from an idle position height H to the hovering                                         
              height h at a velocity between a pair of predetermined values because if the velocity is excessive there                                 
              is a risk of a head crash, whereas if the velocity is too slow the head is likely to oscillate which may                                 
              also cause a head crash (column 4, lines 7-17).  Carteau's desired lowering speed is between 8 and                                       
              16 mm/sec. (column 4, lines 11-12); appellants' desired lowering speed is between 5 and 15 mm/sec.                                       
              (specification, page 50).  The difference between Carteau and the subject matter of claim 17 is that                                     
              Carteau does not discuss the speed of raising or the relative speed of raising versus lowering.  It                                      
              would have been obvious to one of ordinary skill in the art to raise the head in Carteau at a faster                                     
              speed than the head is lowered because the artisan would have been motivated to use the fastest                                          
              raising and lowering speeds possible (without a crash) to minimize the access time and because raising                                   
              the head does not have the same restrictions on speed as lowering the head because the head is                                           
              moving away from the disk.  The maximum speed during lowering is limited by the need to gradually                                        
              establish a stable air cushion and to prevent the momentum of the head from causing it to crash onto                                     
              the disk, two conditions which do not exist during raising.  Consider the fairly old example of cuing                                    

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