Ex parte HASHIMOTO - Page 3




          Appeal No. 96-3420                                                          
          Application 08/164,783                                                      


               The invention relates to controlling the motion of a                   
          servo head from one track position to a second track position               
          on a disk.  The claims all require a procedure or means for                 
          handling the situation where the step of “detecting when the                
          servo head reaches the second track position” occurs before                 
          the step of “detecting passage of the predetermined access                  
          time.”  Appellant argues that the prior art does not disclose               
          such a procedure or means.  Supplemental Reply Brief (Paper                 
          No. 25) at 2.  The examiner postulates that such a procedure                
          would take place in Horie if the head overshot the second                   
          track position and then the seek operation ended after passage              
          of the predetermined time.  Examiner’s Answer (Paper No. 22)                
          at 5-6.                                                                     
               The examiner’s interpretation of Horie supposes that the               
          second track position is detected when the head passes over                 
          the second track position en route to an overshoot.  The                    
          examiner’s interpretation further supposes a condition in                   
          which such detection could occur before the predetermined time              
          expires.  The examiner’s interpretation even further supposes               
          Horie has a procedure or means for ending the seek operation                
          after the time is detected if such a condition were to occur.               

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