Ex parte CHOI - Page 5




            Appeal No. 1998-3409                                                                              
            Application No. 08/525,152                                                                        




            This is being interpreted as shifting.”  Id.  We disagree with the examiner.                      

                   The examiner does not rely upon the teachings of Mitsuhashi to teach the above             
            claim limitation.  Therefore, Mitsuhashi does not remedy the deficiency in Park.  Since the       
            combination of Park and Mitsuhashi does not teach or suggest the invention as recited in          
            claim 1, we will not sustain the rejection of claim 1 and its dependent claims 2-4.               
                   With respect to independent method claim 5, appellant argues that Park does not            
            teach or suggest controlling the velocity of the drum motor according to the switching            
            signal.  (See brief at page 12.)  We agree with appellant.  The examiner maintains that           
            Park teaches the use of the head switching signal H S/W which is used to control the              
            velocity.  But, the language of claim 5 recites “controlling a head switching operation by        
            varying the velocity of a drum motor according to the head switching signal.”  While Park         
            states that the head switching signal is used to control the speed (see col. 4, line 61 - col.    
            5, line 3), we do not find that the head switching signal is input directly to the servo          
            controller 15 to control velocity/speed.  From our review of Park, Park teaches that the          
            head switching signal is an output of the servo unit 15 which is input to the mono-multi          
            signal generating circuit 14.  Park is silent as to the use of  the speed to control the head     
            switching operation according to the head switching signal.                                       




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