Ex parte HENZE - Page 8




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


          35 U.S.C. 103, we will also sustain these rejections.                       
               Claims 1 and 17 specifically recite that the time period               
          is at least 90msec.  While appellant argues that Comerford                  
          discloses no such specific time period, and we agree, there is              
          nothing critical about this number.  The critical thing is to               
          set a time period which is not so long that the disk drive                  
          collides with the floor, etc., and not so short that a slight               
          vibration might set off the control means unnecessarily.  The               
          choice of 90msec would appear to be an obvious choice, based                
          on the particular heights one might conclude the disk drive is              
          in danger of falling from.                                                  
               Turning now to the rejection of claim 5, appellant argues              
          that Comerford’s processor does not perform the combined tasks              
          of (1) through (5) required by claim 5.  While it is not clear              
          whether appellant is relying on any particular task, it                     
          appears to us that Comerford clearly computes a net                         
          acceleration, compares it with a selected acceleration                      
          (Comerford determines whether the measured acceleration is                  
          within a range of predetermined accelerations), inherently                  
          measures a duration that the acceleration exceeds a                         
          predetermined acceleration (column 4, lines 11-15), compares                
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