Ex parte BROWN et al. - Page 5




          Appeal No. 1998-2499                                                        
          Application No. 08/632,639                                                  


          use of a read head which is between 1/3 and 1/2 of the track                
          pitch.                                                                      


               The examiner attempts to remedy this deficiency of Moon                
          by referring to APA, at page 2 of the specification,                        
          contending that APA discloses the use of separate read and                  
          write heads and a read head which is less than 50% of the                   
          track pitch.                                                                


               However, while the portion of the specification on which               
          the examiner relies states that in order to optimize the soft-              
          error rate, "a reading transducer width that is less than 50%               
          of the track pitch is required," the disclosure then goes on                
          to state that in such situations, "position linearity becomes               
          unacceptably poor with the conventional 1/2 track pitch servo               
          tracks" [pages 2-3 of the specification].  Accordingly, rather              
          than support the examiner’s position that this portion of the               
          instant claimed subject matter was known in the art, and thus               
          obvious to combine such a teaching with that of Moon, the                   
          portion of the background in the specification on which the                 
          examiner relies actually teaches away from employing a read                 
                                          5                                           





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