Appeal No. 1998-0820
Application No. 08/274,771
device . . . that writes at one speed and reads at another." 7
Appellant argues on page 10 of the brief that claim 4,
which formed part of the originally filed specification,
recites "spindle rotation means connected to said cartridge
receiving means for rotating [the] removable cartridge at a
first speed while reading a track of data previously recorded
by an inductive head at a second speed." Appellant goes on to
note that a "two-speed spindle motor 52 simply represents an
ordinary kind of spindle rotation means for independently
rotating the removable cartridge at a first speed and a second
speed." Appellant concludes that a fair reading of the
specification will reveal "the drive can run the disk at two
different speeds."
We note that the invention of claim 4 at the time of the
filing date includes "spindle rotation means connected to
receiving means for rotating said removable cartridge at a
first speed while reading a track of data previously recorded
by an inductive head at a second speed with removable
cartridge." Therefore, because claim 4 recited the limitation
originally filed, we find that this is evidence in and of
7See pages 4 and 8 of the answer.
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