Ex parte YOON - Page 9




          Appeal No. 1997-2681                                                        
          Application No. 08/211,414                                                  

               We agree with the Examiner.  The APA clearly teaches                   
          selection between filters based upon the reproduced signal                  
          from the disk wherein the servo data filter or the information              
          data filter is selected to be active.  Thus, the APA clearly                
          teaches the filter control means is responsive to the outputs               
          of the different filter means.  Appellant implies that claim 2              
          requires the filter to be programmed in response to the                     
          outputs of the filters.  We find that claim 2 recites no such               
          requirement.  Claim 2 recites that “said second filter means                
          includes means for programming the band of said second filter               
          means to a frequency band corresponding to the frequency band               
          of said information data in said picked up signal.” (emphasis               
          added).  As the Examiner points out, this requirement is met                
          by Abbott wherein it states filter “40 is programmed so that                
          it is optimized for the data transfer rate of the selected                  
          data zone 70 from within which the                                          
          transducer head 26 is reading data.” (column 10, lines 19-22).              
          We find this clearly meets the corresponding to language of                 
          claim 2.                                                                    
               Accordingly, we will sustain the Examiner’s rejection of               
          claim 2.                                                                    

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