Appeal No. 1998-2476
Application No. 08/074,485
114, 119-130, 153, 178, 203, and 228 under 35 U.S.C. § 112,
second paragraph.
Rejection under 35 U.S.C. § 102
The examiner rejects claims 114-117 as being anticipated
by Toupin at page 5 of the final rejection (Paper No. 17).
With respect to independent claim 114, the examiner asserts,
id., that “[t]he moving means is anticipated by the piezo
device, which enables relative movement between the transducer
array and the substrate.”
Appellants argue, brief at pages 22-28, that Toupin does
not show the claimed moving means. They conclude, id. at 27,
that “Toupin does not disclose both such a moving means and
reciprocating means for reciprocating at least one of the data
read/write device and the magnetic recording medium in a
simple harmonic motion as recited in claim 114.”
We agree with appellants. We find that in Toupin only
the recording medium moves in a simple harmonic motion
indicated by an arrow along the direction of 34 in Figure 1.
The transducer array 36 in Figure 1 only moves so that the gap
between the read/write head and the recording medium is
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