Ex parte KAZMIERCZAK et al. - Page 13




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

          writing), and do not recite a read gap width less than the                  
          write gap width as the structure to accomplish the result.                  
          Claim 1 requires this structure because of the "means for                   
          reading information" language.  However, absent prior art                   
          showing some other structure for keeping the read gap within                
          the shadow of the write gap at all radial positions,                        
          appellants are entitled to claim broadly.  The specification                
          discusses an actuator controller to compensate for skew angle               
          (specification, page 2, lines 13-14); presumably this                       
          controller does not cause the read gap to stay within the                   
          shadow of the write gap.                                                    
               For the reasons stated above, the §§ 102(e) and 103                    
          rejections of claims 1, 6, 11, and 15-30 are reversed.                      
                                     CONCLUSION                                       
               The rejection of claims 17-24 and 27-30 under 35 U.S.C.                
          § 112, first paragraph, is reversed.                                        
               The rejections of claims 1, 6, 11, and 15-30 under                     
          35 U.S.C. § 102(e) and/or § 103 are reversed.                               
                                      REVERSED                                        





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