Ex parte HANSON - Page 7




          Appeal No. 97-0610                                                          
          Application No. 08/346,689                                                  


          appellant’s assumption (Brief, pages 6 through 9) that                      
          Cunningham would turn to a least favored data recovery                      
          procedure (i.e., ECC) when there are better data recovery                   
          procedures among the stored plurality of data recovery                      
          procedures is without merit.  Thus, we agree with the examiner              
          that the skilled artisan would have known from the combined                 
          teachings of Cunningham and Moriyama that “different types of               
          data require different levels of recovery,” and that the data               
          recovery level should be selected “according to the type of                 
          data which is being read” (Answer, pages 3 and 4).                          
               Based upon the foregoing, the obviousness rejection of                 
          claim 1 is sustained.  The obviousness rejection of claims 6,               
          11 and 12 is likewise sustained because of appellant’s                      
          grouping of the claims (Brief, page 5).  The obviousness                    
          rejection of claims 3 through 5, 8 through 10, 14, 16, 17, 18,              
          20, 22 and 23, is sustained because the applied references                  
          would have suggested to the skilled artisan to select a data                
          recovery procedure from a plurality of data recovery                        
          procedures based upon the type of data on the disk.  The                    
          obviousness rejection of claims 7 and 19 is sustained because               
          Moriyama discloses (Figure 6) reception of a selection code,                
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