Ex parte DONALDSON - Page 4




          Appeal No. 98-0595                                                           
          Application 08/461,806                                                       

          all the disk drives.  (Answer at page 4, paragraph 13).                      
          However, the examiner states that the “spindle synchronization               
          command limitation” is found in column 5, line 51 through                    
          column 6, line 9 of Lewis, and that “this” use of a bus is                   
          intrinsic to the operation of Lewis.  (Answer at page 4,                     
          paragraph 13).  The examiner further cites case law for the                  
          proposition that a reference nonetheless anticipates a claim                 
          if it discloses the appellant’s claimed invention in a manner                
          such that a skilled artisan could take [the reference]’s                     
          teachings “in combination with his knowledge of the prior art                
          and can be in possession of the invention.” (Emphasis in                     
          original.)                                                                   
               We have reviewed the cited portions of Lewis and cannot                 
          agree with the examiner that the “spindle synchronization                    
          command limitation” is found in column 5, line 51 through                    
          column 6, line 9 of Lewis.  The cited text refers to five bits               
          in the diagnostic and control register 34 of the spindle                     
          synchronizer 20 of each disk drive, one of which, the bit M_D,               
          determines whether the associated disk drive acts as the                     
          master disk drive for all the other disk drives or merely as a               



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