Appeal No. 98-0595
Application 08/461,806
putting a spindle synchronization command on a bus which
connects all of the disk drives together.
As for the Federal Circuit’s decision in In re Graves, 69
F.3d 1147, 36 USPQ2d 1697 (Fed. Cir. 1995), cert. denied, 116
S.Ct. 1362 (1996), which the examiner also cited, it appears
that the examiner is relying on the notion that what is
otherwise known to one with ordinary skill in the art need not
be described in a prior art reference. That, however, does
not help the examiner’s position here, because the examiner
has made no demonstration based on evidence in the record that
putting a spindle synchronization command on a bus commonly
connected to all disk drives was known to one with ordinary
skill in the art.
For the foregoing reasons, the rejection of claims 1-4
and 9 cannot be sustained.
Conclusion
8
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