Ex parte JOHNSON et al. - Page 5




          Appeal No. 1997-2855                                                        
          Application No. 08/340,546                                                  


               The Saito patent prevents accidental generation of a                   
               “track zero” signal.  According to Saito, a track                      
               zero signal should be generated only when the                          
               magnetic head is driven in the outer peripheral                        
               direction of the floppy disk, and inhibited when the                   
               head is driven in the inner direction.                                 
                    At the time of the invention, it would have been                  
               obvious to one having ordinary skill in the art to                     
               have applied Saito’s teachings to [appellants’                         
               admitted prior art] AAPA.  The combination would                       
               have moved “track zero” to a location near the                         
               transducer ramp.                                                       
                    The motivation for this modification would have                   
               been to more accurately set a relative position                        
               between the magnetic head and the disk, as taught by                   
               Saito.  The combination would thereby satisfy the                      
               claim limitations of biasing the data zone toward                      
               the outer periphery of the data storage disk.                          
               Appellants argue (brief, pages 9 and 10) that “Saito is                
          not directed to a servo writing or disk formatting procedure,               
          nor does Saito disclose or suggest any method for writing                   
          servo information to a data storage disk,” “Saito presumes the              
          existence of servo tracks,” and “Saito merely teaches . . .                 
          preventing generation of a spurious track zero signal.”  We                 
          agree with appellants’ arguments.  The mere fact that “a track              
          zero signal [in Saito] is generated only when the magnetic                  
          head is driven in the outer peripheral direction of the floppy              
          disk and reaches a track zero position, and is inhibited from               

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