Ex parte HEATH et al. - Page 11




              Appeal No. 1998-2500                                                                                         
              Application No. 08/276,154                                                                                   


             formatter to provide a qualified sector signal as required by the language of claim 6.  (See                  
             answer at page 6.)  Appellants argue that data transfer on the next track does not begin until                
             the physical servo operation is complete and is not executed during the servo operation.                      
             (See brief at page 14.)  We agree with appellants.  Further, appellants argue that claim 6                    
             requires “the microcontroller providing a start data transfer signal to the formatter while the               
             servo positioner positions the head over the desired track, the formatter beginning the data                  
             transfer in response to receiving the qualified sector signal from the track change circuit and               
             after receiving the start transfer signal from the microcontroller.”  Appellants further argue that           
             during the previous servo step of positioning of the head, the microcontroller is already                     
             determining whether additional data is to be transferred and is providing the start data                      
             transfer signal to the formatter.  (See brief at page 14.)  We agree with appellants.  From our               
             review of Figure 4 of Anderson concerning the timing of all the processing and switching, it is               
             clear that Anderson discloses overlap of various steps in the conventional process.                           
             Furthermore, the examiner maintains that Anderson teaches the “relevant structure,” but the                   
             examiner                                                                                                      


             has not identified the “relevant structure” in Anderson beyond citing to column 9, lines 14-16.               
             (See answer at page 7.)  We do not agree with the examiner’s conclusion.  The examiner                        
             equated the “sector ID on the new track” to receiving the qualified sector signal from the track              
             change circuit as required by claim 6.  We disagree with the examiner.  The sector ID is read                 
             from the medium not from a track change circuit.  From our understanding of Anderson,                         

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