Ex parte HENZE - Page 4




          Appeal No. 96-1209                                                          
          Application 08/168,805                                                      


                                       OPINION                                        
               Turning first to the rejection of claims 11 through 15                 
          under 35 U.S.C. § § 102(a) or (e), we will sustain this                     
          rejection.                                                                  
               Appellant does not deny that Comerford discloses a disk                
          drive having a housing, a storage disk, an actuator arm,                    
          accelerometer device, computational means, evaluation means                 
          and                                                                         
          a control means, as claimed.  The only issue, as argued by                  
          appellant, is whether Comerford discloses the claimed “timing               
          means.”  It is appellant’s contention that Comerford does not               
          disclose such a means for measuring a duration that a fall of               
          the disk drive is in progress.                                              
               Comerford does teach, throughout the disclosure, that a                
          control is activated when a value of a calculated acceleration              
          falls within a preset range of accelerations, understandably                
          leading to appellant’s conclusion that Comerford parks the                  
          disk head at the first hint of a predetermined acceleration,                
          i.e., 1g, without any consideration of a predetermined period               
          of time.  However, to whatever extent that interpretation                   
          might, at first, appear reasonable, the disclosure, by                      
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