Ex parte NAM - Page 9




          Appeal No. 1999-0043                                                         
          Application 08/599,875                                                       

          input/output path to the head closer to the target position in               
          a radial direction.  Since each head in Gilovich reads                       
          one-half the tracks, the control only switches to the head                   
          that can service that track.  The only way it is meaningful to               
          say there is switching to a head that is closer to a target                  
          position is if there are some positions which can be read by                 
          either head, which is not the case in Gilovich.  The Examiner                
          has failed to establish a prima facie case of obviousness.                   
          The rejection of claims 1, 4, and 8 is reversed.                             
               The references to Mizunoe and Kitahara do not cure the                  
          deficiencies of Daniels and Gilovich with respect to the                     
          rejection of parent claims 1, 4, and 8.  Moreover, we find                   
          that Mizunoe does not disclose three regions or spacing the                  
          heads by a distance corresponding to one of the three regions                
          as recited in the dependent claims and that such spacing would               
          not be inherent as stated by the Examiner.  We further find                  
          that Kitahara does not disclose dividing the recording medium                
          into three equally spaced intervals in a circumferential                     
          direction along a single radius.  For these reasons, the                     
          rejections of claims 2, 3, 5-7, and 9-13 are reversed.                       



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