Appeal No. 1998-2499
Application No. 08/632,639
Claims 1, 3, 4, 6, 8, 11 and 12 stand rejected under
35 U.S.C. § 103. As evidence of obviousness, the examiner
cites Moon and APA with regard to claims 1, 4, 6 and 8, adding
Axmear to this combination with regard to claims 3, 11 and 12.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
We reverse.
The examiner has not established a prima facie case of
obviousness with regard to the instant claimed subject matter.
Both the examiner and appellants agree that Moon fails to
disclose separate reading and writing heads and that Moon
fails to teach the claimed "read element having a width less
than said write element and said read element being greater
than 1/3 of the width of a data cylinder and less than 1/2 the
width of the data cylinder," i.e., Moon does not disclose the
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