Ex Parte WEIRAUCH - Page 9



          Appeal No. 2003-0779                                                        
          Application 09/286,413                                                      

          appellant’s position that such servo data is not a requirement              
          for every disk.  Therefore, the record in this case, when                   
          considered as a whole, fails to support the examiner’s position.            
          In summary, we have not sustained either of the                             
          examiner’s rejections of the claims on appeal.  Therefore, the              
          decision of the examiner rejecting claims 8-11 is reversed.                 
          REVERSED                                                                    





                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         JERRY SMITH                   )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              


          JS/ki                                                                       



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