Appeal No. 96-0311
Application No. 08/155,771
Further, neither Uehara nor Kojima suggests, in any way,
the “reference length,” as claimed and as construed supra.
There is nothing in either of these references suggesting any
“reference length” (especially one of 2mm in length, as
claimed) from one point on a deformity curve to another point
on the deformity curve wherein the region of interest excludes
annular areas of the disk having a width of 250 micrometers
from the inner and outer peripheries of the magnetic disk.
The references and the instant claimed subject matter are
clearly interested in deformities, or “bent portions” of the
magnetic disk in different, mutually exclusive, areas of the
magnetic disk and we find nothing in the former to suggest the
latter.
Accordingly, the examiner’s decision rejecting claims 1,
2, 4 and 5 under 35 U.S.C. 103 and under 35 U.S.C. § 112,
first paragraph, is reversed.
REVERSED
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