Appeal No. 2001-0476
Application No. 08/768,231
said head is on an even numbered track and an odd
numbered track. (Emphasis added).
The question that is raised is, "what is the servo
identification?" Upon review of Appellant's disclosure, we note
several instances were "servo identification" or "servo ID" is
disclosed. However, there appears to be limited discussion
defining the "servo identification" or "servo ID," with regards
to the type of data or information that might be contained
therein. Since we are unable to answer the question of "what is
a servo identification," we cannot readily determine the scope of
the claims in the application. Hence, we cannot know how the
relevant prior art can or should be applied. Therefore, this
case is also remanded to the Examiner to make the determination
of the scope of the claims by determining: what is the "servo
identification," what type of data or information is contained
therein and how it fits into the Appellant's invention.
III. How are the References Applied in view of the
Scope of the Claims
Our reviewing court in In re Lee, 277 F.3d 1338, 1342-43,
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