Appeal No. 1999-0216
Application No. 08/526,197
The Examiner relies on the following prior art:
Axmear et al. (Axmear) 4,549,232 Oct. 22,
1985
Volz et al. (Volz) 5,185,681 Feb. 09,
1993
Fujiwara JP 1-220101 Sep. 01, 1989
(Published Japanese Kokai Patent Application)1
R. L. Comstock and T. A. Schwarz (Schwarz), “Triple-Layer
Magnetic Recording Track Following Servo Concept With
Alternating Single-Frequency Servo Tracks,” 16 IBM Technical
Disclosure Bulletin, No. 6, pp. 1821-23 (November 1973).2
Claims 1 and 4-7 stand finally rejected under 35 U.S.C.
§ 102(b) as being anticipated by Axmear. Claims 2, 3, and 8-
10 stand finally rejected under 35 U.S.C. § 103. As evidence
of obviousness, the Examiner offers Axmear in view of Fujiwara
and Volz with respect to claims 2, 8, and 9, Axmear in view of
Schwarz with respect to claim 3, and Axmear alone with respect
to claim 10.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the Brief (Paper No. 18) and3
1A copy of a translation provided April 2001 by the U.S. Patent
& Trademark Office is enclosed with this decision.
2Since the Examiner has referred to this reference by using the second
listed author’s name, Schwarz, we will do so also for consistency.
3A Reply Brief filed by Appellants on August 1, 1997, deemed by the
Examiner (communication dated August 13, 1997, Paper No. 21) as not being
3
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