Ex Parte OKUTSU et al - Page 2




              Appeal No. 2002-0344                                                                                       
              Application No. 09/114,584                                                                                 


                            (a)      turning on power to the data storage unit;                                          
                            (b)      executing a start operation for the storage unit, comprising (i)                    
                     executing internal diagnostic program, (ii) rotating the spindle motor and                          
                     (iii) reading microcode and stored tension data for the flexible cable;                             
                            (c)      executing any unexecuted access command from the                                    
                     computer; and                                                                                       
                            (d)      executing generation of corrected tension data for the                              
                     flexible cable, following step (c).                                                                 
                     The examiner relies on the following references:                                                    
                     Bertschy et al. (Bertschy)         4,589,036             May 13, 1986                               
                     Blackborow et al. (Blackborow) 5,065,262                 Nov. 12, 1991                              
                     In addition, the examiner relies on appellants’ admitted prior art (APA), as                        
              represented by pages 1-5 of the specification and Figures 1 and 2.                                         
                     Claims 1-6 stand rejected under 35 U.S.C. §103 as unpatentable over APA,                            
              Bertschy and Blackborow.                                                                                   
                     Reference is made to the briefs and answer for the respective positions of                          
              appellants and the examiner.                                                                               
                                                 OPINION                                                                 
                     In accordance with the grouping of claims at page 4 of the principal brief, all                     
              claims will stand or fall together.  Therefore, we will focus on instant claim 1.                          
                     The examiner maintains that APA, in Figure 1, teaches a magnetic rotary disk                        
              drive 10 with an actuator arm 14, a flexible cable 16, a transducer 12 and a suspension                    


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