Ex Parte Hoskins et al - Page 8



          Appeal No. 2004-0292                                                        
          Application 09/726,369                                                      


          to the extent a skip mask is constructed according to any                   
          “operation,” it is done for a track even if it is done for only             
          a portion of a track and not the whole track as seemingly argued.           
          It is not positively recited in these claims on appeal that the             
          calculation and constructing operations must be done for an                 
          entire track at one time.  Furthermore, the calculation feature             
          is not recited to be done on the fly, if  that is what is meant             
          in independent claims 1 and 16 on appeal.  Predetermined or                 
          precalculated values for skip mask register “tables” in RAM of              
          AHP and their actual construction naturally proceeds for each               
          track and for each sector respectively of each track to be                  
          accessed.  The same feature as in independent claim 1 on appeal             
          is recited in the “wherein” clause of independent claim 16 on               
          appeal.  Appellants’ remarks at the bottom of page 2 of the Reply           
          Brief recognizes that “AHP makes calculations based on the                  
          operation.”                                                                 
               The rejection of dependent claims 2 and 4 on appeal is also            
          sustained since appellants have presented no arguments in the               
          Brief and Reply Brief as to these claims.                                   



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