Ex Parte HEATON - Page 1




               The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
                                                                                                Paper No. 15              
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                      ____________                                                        
                                BEFORE THE BOARD OF PATENT APPEALS                                                        
                                              AND INTERFERENCES                                                           
                                                      ____________                                                        
                                              Ex parte MARK W. HEATON                                                     
                                                      ____________                                                        
                                                  Appeal No. 2001-2565                                                    
                                                Application No. 09/173,497                                                
                                                      ____________                                                        
                                                  HEARD: Oct. 22, 2002                                                    
                                                      ____________                                                        
              Before FLEMING, DIXON, and BARRY, Administrative Patent Judges.                                             
              BARRY, Administrative Patent Judge.                                                                         


                                                 DECISION ON APPEAL                                                       
                     A patent examiner rejected claims 21-31.  The appellant appeals therefrom                            
              under 35 U.S.C. § 134(a).  We reverse.                                                                      


                                                    BACKGROUND                                                            
                     The invention at issue concerns a hard disk drive ("HDD").  A HDD uses                               
              magnetically coated platters to store data.  Such platters are mounted in a "platter                        
              stack" through a spindle; the platter stack is rotated by a servo motor.  (Spec. at 2.)    A                
              space is provided between each platter to allow a read/write head to be positioned on                       
              each side of each platter so that data may be stored and retrieved.  Each head is                           






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