Ex parte KIM - Page 4




              Appeal No. 1999-1116                                                                                        
              Application No. 08/635,170                                                                                  

              LOOPCNT=0 control value when the count reaches zero.  Machado at col. 17, ll. 50-54.                        
              Loop counter 240 is decremented by signal ISDL.  See id. at Fig. 6B and col. 26. ll. 61-62.                 
                     Index timeout counter 242 (Fig. 6B) is a counter similar to loop counter 240.  A                     
              once-per-revolution index signal is used to clock the index timeout counter, and timeout                    
              counter 242 generates an index timeout value, "INXTCNT=0."  Id. at col. 17, ll. 57-63.                      
              According to column 19, lines 25 through 29 of the reference, the index timeout count                       
              specifies the maximum number of index pulses that may occur while sequencer 152 is                          
              trying to complete its program.                                                                             
                     Neither the loop counter nor the index timeout counter, however, add "a                              
              predetermined time constant to [the] timer value," as recited in instant claim 1.  The                      
              examiner refers (Answer at 3) to column 13, line 48 of the reference as disclosing the                      
              reading of a timer value.  Machado at column 13, lines 40 through 62 describes the servo                    
              data decoder circuit 142 (Fig. 5; an element of circuit 140) as including a "sector timer"                  
              which puts out expected servo sector times within circuit 140 based upon detection of                       
              each servo address mark.  While the section might suggest that circuit 140 utilizes a "timer                
              value" and a "predetermined time constant" in a determination with respect to halting the                   
              sequencer to prevent overrun, Machado does not expressly disclose that which is required                    
              by instant claim 1.                                                                                         
                     The examiner contends (Answer at 5) that the "forcible halting" of the sequencer                     
              "must involve timing, as a sequencer interrupt is only forced if enabled.  The 'enable' latch               

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