Ex Parte Cates et al - Page 4




            Appeal No.  2004-0530                                                                             
            Application No. 09/696,557                                                                        
                   Claims 1, 10 and 15 require a magnetic tape head assembly comprising read                  
            elements, write elements and servo readers placed asymmetrically about the center of the          
            tape head taken perpendicular to the direction of the tape motion.  The Examiner asserts          
            that the prior art servo readers described in Figure 1 are placed asymmetrically about the        
            center of the tape head taken perpendicular to the direction of the tape motion.                  
            Specifically the Examiner states that the “AAPA shows a magnetic tape head assembly               
            107 comprising read elements 108; write elements 109; and servo readers (110, 113 are             
            asymmetric and 111, 112 are asymmetric), respectively, placed  asymmetrically about the           
            center of the tape head taken perpendicular to the direction of the tape motion.”  (Answer,       
            p. 4).                                                                                            
                   The Examiner’s position is contrary to Appellants’ description of Figure 1                 
            appearing in the specification.  According to the specification, Figure 1 is illustrative of a    
            tape head data track positioning system using servo tracts and symmetric readers.                 
            (Specification, p. 1).  The specification, pages 6-7, discloses “the servo readers 110-113        
            [of Figure 1] are placed symmetrically about the write bumps containing write elements            
            109 and aligned on the read bumps containing read elements 108.”                                  
                   The present record indicates that tape heads comprising a sufficient number of             
            servo readers that would provide a symmetric arrangement are excluded by the claimed              

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