Ex parte HEATH et al. - Page 12




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


             Anderson does not clearly identify that this signal comes from a circuit which may be deemed                  
             “a track change circuit” separate from the microcontroller.                                                   
                    With respect to the operation of the circuit to perform overlap of phase 2 and events                  
             3a, 3b, and 3c, Anderson discloses the use of timeout functions.  (See Anderson at column 8,                  
             line 45 - column 9, line 45.)  Anderson uses timeout functions in decision blocks 70 and 74 as                
             an alternative to the new head reading the sector ID to prevent premature activation.  (See                   
             Anderson at col. 9, lines 6-10.)  In these embodiments, it is clear that Anderson does not                    
             teach the use of a track change circuit.  Since Anderson does not teach all of the limitations                
             recited in claim 6, we cannot sustain the rejection of claim 6 and its dependent claim 7.                     












                                                     CONCLUSION                                                            

                    To summarize, the decision of the examiner to reject claims 17-20 under                                
             35 U.S.C. § 112, first paragraph is reversed; the decision of the examiner to reject claims                   
             17-20 under 35 U.S.C. § 112, second paragraph is reversed; the decision of the examiner to                    
             reject claims 1-5 under 35 U.S.C. § 102 is affirmed and the decision of the examiner to reject                
             claims 6 and 7 under 35 U.S.C. § 102 is reversed.                                                             
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