Ex parte MAKI et al. - Page 8




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


          servo transducer of servo head 14 is the data head 18 (the                  
          first data head) which shares the same actuator arm assembly                
          with the servo head 14" (paper number 8, page 6).  The                      
          examiner concludes (paper number 8, page 7) that:                           
               Since the amplitude of the noise induced for a given                   
               write current is inversely proportional to the                         
               distance between the servo and the data head, the                      
               write current of a typical first data head is                          
               preferred to be smaller than that of the second data                   
               head.  Hence, in order to obtain an uniform and                        
               optimum error rate, it would be obvious that the                       
               write current varies in the system as taught by                        
               Sidman/Weispfenning et al./Nguyen et al.”                              
               Appellants argue (Brief, page 28) that “[t]he stark fact               
          is that not a single one of the references applied by the                   
          Examiner even mentions electromagnetic interference between                 
          collaterally spaced data [and] servo heads or relative values               
          of write currents between such heads.”  We agree.  The                      
          examiner has reached a conclusion that “the write current of a              
          typical first data head is preferred to be smaller than that                
          of the second data head” without the benefit of any evidence                
          in the record, except for appellants’ disclosed and claimed                 
          invention.  Inasmuch as a prima facie case of obviousness can               


          (specification, page 4).                                                    
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