Ex parte USHIYAMA et al. - Page 5




          Appeal No. 1998-1078                                       Page 5           
          Application No. 08/442,532                                                  


               at a different time than a point of an output signal                   
               from said FG pattern, said point of said output                        
               signal functioning as a trigger for rotation                           
               control.                                                               

               Besides the appellants’ admitted prior art (AAPA), the                 
          reference relied on in rejecting the claims follows:                        
               Imai et al. (Imai)       5,408,153           Apr. 18,                  
               1995                                                                   
                                   effectively filed July  1, 1992.                   
          Claims 1-4 stand rejected under 35 U.S.C. § 103 as obvious                  
          over AAPA in view of Imai.  Rather than repeat the arguments                
          of the appellants or examiner in toto, we refer the reader to               
          the brief and answer for the respective details thereof.                    


                                       OPINION                                        
               In deciding this appeal, we considered the subject matter              
          on appeal and the rejection advanced by the examiner.                       
          Furthermore, we duly considered the arguments and evidence of               
          the appellants and examiner.  After considering the totality                
          of the record, we are persuaded that the examiner erred in                  
          rejecting claims 1-4.  Accordingly, we reverse.                             










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