Appeal No. 1997-2855
Application No. 08/340,546
Claims 1, 2, 5 through 7, 11 through 13, 15 and 19
through 23 stand rejected under 35 U.S.C. § 103 as being
unpatentable over appellants’ admitted prior art in view of
Saito.
Claims 4, 8 through 10 and 16 through 18 stand rejected
under 35 U.S.C. § 103 as being unpatentable over appellants’
admitted prior art in view of Saito and Morehouse.
Reference is made to the briefs (paper numbers 9 and 11),
the final rejection (paper number 6) and the answer (paper
number 10) for the respective positions of the appellants and
the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the 35 U.S.C. § 103 rejections of claims
1, 2, 4 through 13 and 15 through 23.
Appellants and the examiner agree that in the appellants’
admitted prior art the data zone 73 (Figure 3) is biased
toward, and registered with respect to, the inner diameter of
the data storage disk, and not the outer diameter of the disk
(final rejection, page 3; brief, page 9). According to the
examiner (final rejection, pages 3 and 4):
4
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