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). 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007