Ex parte LEMKE et al. - Page 6




             Appeal No. 1997-3933                                                                                     
             Application No. 08/193,179                                                                               


                    The examiner has not shown that the admitted prior art teaches or fairly suggests                 
             the storage or use of servo information to control the arcuate track                                     
             reader/writer/system/method.  The examiner has not relied upon any of the other prior art                
             references to teach or suggest the storage and use of servo information with respect to                  
             arcuate tracks.  Appellants argue that none of the other prior art references applied by the             
             examiner teach or suggest the servoing technique for arcuate data tracks.  (See answer at                
             page 11.)  We agree with appellants.  Therefore, we will not sustain the rejection of                    
             independent claims 1, 29, 41, 42, 45, 50 and 56 since each contains limitations to the                   
             servoing technique.                                                                                      
                    Additionally, with respect to claims 1 and 29, we find that van Slageren does not                 
             teach or suggest the storage and use of servo data, but rather merely teaches that it is                 
             desirable to reduce variations in tension and stretch of the tape.                                       
                    With respect to claims 50-59 and Hertrich, appellants argue that Hertrich does not                
             teach or suggest the use or storage of servo control information in the arcuate information              
             tracks.  (See brief at page 17.)  We agree with appellants.                                              










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