Ex parte STAN et al. - Page 8




          Appeal No. 1998-0591                                                         
          Application 08/538,517                                                       

               Consequently, the examiner has not made out a prima facie               
          case of anticipation.  To satisfy the limitations of claim 12,               
          the examiner referred to an increase in the linear velocity                  
          within a zone of constant angular velocity.  That is not                     
          sufficient to meet the requirement of claim 12 that as radius                
          “r” increases, the linear velocity increases substantially and               
          the angular velocity decreases substantially.                                
               Accordingly, the anticipation rejection of claims 12 and                
          13 cannot be sustained.                                                      
          The Lack of Enabling Disclosure Rejection                                    
               The examiner finds problematic the fact that no specific                
          description is contained in the specification for the internal               
          structure of the disclosed control means 4.  The examiner                    
          referred to the corresponding disclosure as “a single black                  
          box 4" (Paper No. 15, page 5).  The examiner further stated                  
          that the disclosure does not discuss how conventional systems                
          “can be modified to produce the desired velocity curves                      
          illustrated in Figures 4a, 4b, 5 and 6, which are shown in a                 
          vague schematic drawing to be discontinuous at various and                   
          sundry amplitude levels and radius values.”                                  



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