Ex Parte MISSO et al - Page 2



          Appeal No. 2002-1336                                                        
          Application No. 09/259,062                                                  

               Appellants’ invention pertains to a latch for a disc drive,            
          wherein the latch retains the read/write head in the parking zone           
          when the disc drive is non-operational.  Independent claims 1 and           
          10, which appear in the appendix annexed to the main brief, are             
          illustrative of the appealed subject matter.                                
               The references applied in the final rejection are:                     
          Mizoshita et al. (Mizoshita)  5,608,592             Mar.  4, 1997           
          Rahimi et al. (Rahimi)        5,621,591             Apr. 15, 1997           
          Reinhart                      5,734,527             Mar. 31, 1998           
          Aruga et al. (Aruga)          5,764,441             Jun.  9, 1998           
               The following rejections are before us for review:1                    
               (a) claims 1-3, 8, 10-12 and 17, rejected under 35 U.S.C.              
          § 102(e), as being anticipated by Reinhart;                                 
               (b) claims 4, 6, 9, 13, 15, 18, 19, 21, 23 and 24, rejected            
          under 35 U.S.C. § 103, as being unpatentable over Reinhart in               
          view of Rahimi and Aruga;2 and                                              
               (c) claims 22 and 25, rejected under 35 U.S.C. § 103, as               
          being unpatentable over Reinhart in view of Mizoshita.                      

               1The anticipation rejection of claim 20, and the 35 U.S.C.             
          § 112, second paragraph, rejection of claims 1-4, 6, 8-13, 15 and           
          17-25 made in the final rejection have been withdrawn.  See page            
          3 of the answer.                                                            
               2The Rahimi and Aruga references were cited against the                
          claims for the first time in the answer in response to                      
          appellants’ challenge to the examiner’s taking of official notice           
          in the rejection of these claims in the final rejection.                    
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