Appeal No. 1998-3365
Application No. 08/673,214
We also do not agree with the examiner that the
relationship in the last clause of claim 1 is satisfied by the
apparatus of Ohsawa. The claimed relationship has one
parameter defined as the “distance between a lens portion and
an inner end of the optical head.” Since Ohsawa relates to a
magnetic head only, there is no suggestion of any relationship
using a distance between a lens portion and an inner end of
the optical head since the magnetic head of Ohsawa does not
have these components. The artisan would have no motivation
to consider this relationship based on the magnetic disk
apparatus of Ohsawa.
In summary, Ohsawa does not provide evidentiary support
for the rejection as proposed by the examiner. Therefore, the
decision of the examiner rejecting claims 1, 3 and 4 is
reversed.
REVERSED
JERRY SMITH )
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