Ex Parte DURHAM et al - Page 6




            Appeal No. 2000-0354                                                                       
            Application No. 08/682,471                                                                 


            As noted by appellants at the bottom of page 6 of the brief,                               
            Bajorek does not teach this feature.  On the contrary, Bajorek                             
            places the components of the disk drive system in a low power                              
            mode when the measured energy of a disk drive system is less than                          
            a predetermined value, not greater than this value as required by                          
            the noted claims on appeal.  This is clear from the discussion at                          
            columns 6 and 7 of Bajorek as well as the showings in figures 6A,                          
            6B and figures 10 and 12.                                                                  
                  The examiner’s corresponding argument at the top of page                             
            3 of the answer as to appellants’ arguments with respect to                                
            claims 2, 5 and 16 refers us to the examiner’s “Official Notice”                           
            comments in the final rejection.  The initial instance where                               
            these examiner’s comments occur are at page 3 in paragraph 5 in                            
            the final rejection where the examiner essentially takes Official                          
            Notice that it would have been obvious to the artisan to reduce                            
            power when an over power sensing situation occurs to ensure that                           
            the devices do not malfunction under extreme conditions.  The                              
            examiner’s second instance in the final rejection occurs at page                           
            5 where it asserts that the concept (apparently the concept of                             
            reducing power when a sensed value exceeds a predetermined value)                          
            is considered by the examiner to be as old as computers                                    
            themselves.  The examiner goes on to remind appellants to “look                            

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