Appeal No. 1999-0216
Application No. 08/526,197
actuality, however, Axmear, in discussing the importance of
not including coherent low frequency patterns in the written
servo patterns, states “[i]f this is not done, then the analog
servo signals end up riding on a base line which is not flat”
(column 2, lines 7-9). In our view, the reading of this
statement in its entirety can only lead to the conclusion that
Axmear is suggesting only that a baseline characteristic
(i.e., flatness) is being addressed, not that the baseline is
minimized as set forth in the appealed claims.
It is further our opinion that even assuming, arguendo,
that to the extent that Axmear’s flattening of the baseline
can be considered to be a minimization, the Examiner has not
shown how this would necessarily result in a readback signal
with the characteristics as claimed. For example, independent
claims 1 and 7 require that the readback signal be “at the
baseline a predetermined small percent of time . . . ” and
that the readback signal “does not flatten out at the
baseline.” Any conclusion that either or both of these signal
characteristics would occur as a result of the baseline
flattening in Axmear, absent a clear showing by the Examiner,
could only be based on unwarranted speculation about what is
7
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