Ex parte TAKANO et al. - Page 5




                 Appeal No. 1998-2476                                                                                                                   
                 Application No. 08/074,485                                                                                                             

                          Rather than repeat verbatim the arguments of appellants                                                                       
                 and examiner, we make reference to the brief  and the answer                   2                                                       
                 for the respective details thereof.                                                                                                    
                                                                     OPINION                                                                            
                          We have considered the rejections advanced by the                                                                             
                 examiner and the supporting arguments.  We have, likewise,                                                                             
                 reviewed the appellants’ arguments set forth in the brief.                                                                             
                          We reverse.                                                                                                                   
                          We consider the various grounds of rejection seriatim.                                                                        
                          Rejection under 35 U.S.C. § 112, second paragraph                                                                             
                          The examiner rejects claims 114, 119-130, 153, 178, 203,                                                                      
                 and 228 as being indefinite for failing to particularly point                                                                          
                 out and distinctly claim the subject matter which applicants                                                                           
                 regard as the invention, final rejection at pages 3 and 4.                                                                             
                 The examiner asserts that lines 5-6 of claim 114 are                                                                                   
                 confusing.  They define, id., “means for reciprocating at                                                                              
                 least one of the data read/write device and the magnetic                                                                               
                 recording medium.  As best understood, this statement                                                                                  
                 indicates that the reciprocating means operates either on the                                                                          

                          2The reply brief was filed as Paper No. 33, however, the                                                                      
                 examiner did not approve the entry of this reply brief in the                                                                          
                 record.  See Paper No. 35.                                                                                                             
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