Appeal No. 1999-0243
Application 08/434,457
the data storage system further comprising:
means for receiving a physical sector number from the data
storage system and for reading the defect list from a sector of a
track and for outputting a logical sector number corresponding to
the physical sector number.
The Examiner relies on the following references:
Greenberg et al. (Greenberg) 4,656,532 Apr. 7, 1987
Hikita JP-58-219658 Dec. 21, 1983
Claims 63, 64 and 67-74 stand rejected under 35 U.S.C. § 103
as being unpatentable over Greenberg in view of Hikita.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the Brief2 and the Examiner's
Answer3 for the respective details thereof.
OPINION
We will not sustain the rejections of claims 63, 64 and
67-74 under 35 U.S.C. § 103.
The Examiner has failed to set forth a prima facie case. It
is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found
in the prior art, or by implications contained in such teachings
2 The Brief was received May 5, 1997.
3 The Examiner's Answer was mailed July 17, 1997.
3
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