Ex Parte OKUTSU et al - Page 3




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


              arm 13.  The examiner also maintains that Figure 2 of APA teaches turning on power to                      
              a data storage unit by showing item 50.  Elements 51-53 of APA Figure 2 are said to                        
              show executing a start operation for the storage unit by executing internal diagnostic                     
              programs, rotating the spindle motor to a predetermined rotational speed and reading a                     
              microcode.  The examiner asserts that “executing generation of corrected tension data                      
              for the flexible cable” is taught by item 54 in APA Figure 2.                                              
                     The examiner recognizes that APA does not teach causing an access command                           
              from the computer to be in an executable state or executing the access command using                       
              tension data for the flexible cable generated before the power was turned on.  The                         
              examiner turns to Bertschy for a disclosure, at column 3, lines 64-68, of a slider position                
              upon start up being the previous powered down position, and, at column 1, lines 25-28,                     
              of using the transducer head to access the recording area of the respective disk.                          
                     The examiner concludes that it would have been obvious “to modify the disk                          
              drive access system taught by [APA], to include [the] disk drive system of                                 
              Bertschy...wherein start-up accessing is began [sic] from the previous powered-down                        
              transducer location.  This provides for a reduction in necessary transducer arm                            
              movement required by the new access, as taught by Bertschy...” [answer-page 4].                            
                     The examiner recognizes that even the combination of APA and Bertschy does                          
              not teach detecting and executing previously unexecuted commands, so the examiner                          



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