Appeal No. 95-1308 Application 07/999,502 moving media, determining an error rate; and responsive to the error rate exceeding a predetermined minimum, recording operating conditions for the disk drive to a secondary partition of the non-volatile storage including a time stamp; accessing the non-volatile, non-moving storage device over an external connection port. The examiner relies on the following references: Chang et al. (Chang) 4,209,809 June 24, 1980 Kaida 4,772,964 September 20, 1988 Sander 4,888,652 December 19, 1989 Sein-o 4,907,109 March 6, 19902 Coale 4,922,491 May 1, 1990 Fukushima et al. (Fukushima) 5,005,088 April 2, 1991 Kimura 5,218,504 June 8, 1993 (filed June 18, 1991) Smith 5,235,472 August 10, 1993 (filed October 18, 1991) Gaudet et al. (Gaudet), Head Flight Height Monitoring, IBM Technical Disclosure Bulletin, Vol. 11, No. 12, May 1969, page 1650. The examiner cites Squires et al. (Squires), U.S. Patent 4,979,055, issued December 18, 1990, as being of interest but it is not relied upon in any of the rejections on appeal. The examiner invites us to consider Squires if we do not find an external port in Coale (Examiner's Answer, page 11). However, the only way this would be possible is by way of a new ground of rejection since Squires is not part of the rejection on appeal and appellants have not had fair opportunity to react to a 2 A certificate of correction dated March 6, 1990, corrected the inventor's name from "Seni-o" to "Sein-o." - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007