Ex Parte TOKUYAMA et al - Page 8




          Appeal No. 2002-1240                                                        
          Application 09/247,550                                                      


               We note that the Examiner has relied on Iida for teaching an           
          overlapping range.  See pages 4 through 6 of the Examiner’s                 
          answer.  We thereby will not sustain this rejection for the same            
          reasons as we set forth above.                                              
               Claim 5 is another independent claim with dependent claims             
          10 and 15.  We note that claim 5 recites “said gap has a                    
          normalized value which is independent of a diameter of said                 
          magnetic discs and which is in a range from about 1/150 to                  
          1/890.”  We note that the Examiner relies on Iida teaching the              
          same overlapping range as discussed above to obtain these                   
          normalized value.  See page 7 of the final action as well as                
          pages 5 and 6 of the Examiner’s answer.  Therefore, we will not             
          sustain the rejection of claims 5, 10 and 15 for the same reasons           
          as above.                                                                   














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