Ex parte FREITAS - Page 6




          Appeal No. 97-3451                                                          
          Application 08/325,832                                                      

          provided to both a data channel decoder and a servo signal                  
          decoder.                                                                    
               The argument, however, is not commensurate in scope with               
          many claims on appeal.  Specifically, it is noted that                      
          independent claims 8, 14, and 22, as well as the claims depending           
          from claims 8, 14, and 22, do not require the providing of a                
          thermometer code from anything to either a data channel decoder             
          or a data channel logic circuit.  In that regard, claims 22-24 do           
          not even recite a thermometer code in any context.  Accordingly,            
          the appellant’s argument is unpersuasive as applied to claims               
          8-13, 14, 17-21, and 22-24.                                                 
               Independent claims 1, 25 and 26 do require that a                      
          thermometer code be provided from a comparator circuit both to a            
          data channel decoder or logic circuit and to a servo signal                 
          decoder or logic circuit.  The examiner states (answer at 3):               
               Figure 1 [of Cheung] meets all the limitations of the                  
               claims, including showing asynchronous operation of the                
               servo burst information and data channel information,                  
               except for showing the details of the "thermometer                     
               code" technique.                                                       
          It is uncertain precisely what the examiner regards as the above-           
          quoted "thermometer code" technique, but it is evident that                 
          Cheung does not disclose or suggest providing a thermometer code            
          input to a data channel decoder and to a servo signal decoder.              
          With regard to the "thermometer code" techniques, the examiner              
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