Ex parte MAKI et al. - Page 5




                 Appeal No. 95-3124                                                                                                                     
                 Application No. 08/125,311                                                                                                             


                          driving, at said write current value, said data head that                                                                     
                 is selected by said head select signal in consonance with                                                                              
                 write data.                                                                                                                            

                          The references relied on by the examiner are:                                                                                 
                 Sidman                                                         5,099,367                           Mar. 24,                            
                 1992                                                                                                                                   
                 Weispfenning et al. (Weispfenning)                                      5,136,439                           Aug.                       
                 4, 1992                                                                                                                                
                 Weispfenning et al. (Weispfenning)                                      5,210,669                           May                        
                 11, 1993                                                                                                                               
                 Nguyen et al. (Nguyen)                                         5,260,703                           Nov.  9,                            
                 1993                                                                                                                                   
                                                                                         (filed Aug. 27, 1992)                                          
                          Claims 1, 3, 4, 7, 9, 11 through 15 and 17 stand rejected                                                                     
                 under 35 U.S.C. § 103 as being unpatentable over Sidman in                                                                             
                 view of Weispfenning ‘439  and Nguyen.       2                                                                                         
                          Reference is made to the brief, the answer and the final                                                                      
                 rejection (paper number 8) for the respective positions of the                                                                         
                 appellants and the examiner.                                                                                                           
                                                                     OPINION                                                                            
                          We have carefully considered the entire record before us,                                                                     

                          2Weispfenning (U.S. Patent No. 5,210,669) is listed in                                                                        
                 the prior art of record, but it is not included in the                                                                                 
                 statement of the rejection.  Since this reference was not                                                                              
                 included in the statement of the rejection, we will not                                                                                
                 consider appellants’ discussion of this reference in the                                                                               
                 response to arguments section of the answer.  See In re Hoch,                                                                          
                 428 F.2d 1341, 1342, 166 USPQ 406, 407 (CCPA 1970).                                                                                    
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