Ex parte HAL H. OTTESEN, et al. - Page 4





            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 -                                                                    





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