Ex parte KAZMIERCZAK et al. - Page 12




          Appeal No. 97-3469                                                          
          Application 08/188,427                                                      

          all require a rotating recording medium having at least an                  
          inner track and an outer track.  The rejection is over Mowry                
          and Mowry has a number of tracks between the inner track and                
          the outer track.  To the extent the examiner focusses on just               
          one track, this interpretation does not meet the language of                
          the claims.  The examiner has not shown how the claimed                     
          subject matter is anticipated by or obvious over Mowry.                     
               The examiner states that "having the read gap within the               
          'shadow' of the write gap has been determined to be a well                  
          known design goal in order to prevent crosstalk between the                 
          tracks" (EA8; see also EA6).  This fact has not been                        
          established by the examiner to be well known and is not                     
          discussed in Mowry; however, it might be inferred to be true                
          from appellants' disclosure and the fact that appellants have               
          not challenged this statement.  Assuming, arguendo, that                    
          having the read gap in the write gap shadow was a well-known                
          goal, the examiner has not established that decreasing the                  
          read gap width was a known or obvious way to accomplish the                 
          goal.  We recognize that independent claims 1, 6, and 11                    
          merely recite the result of having the read gap (means for                  
          reading) within the shadow of the write gap (means for                      

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