Ex Parte HELSEL et al - Page 2



         Appeal No. 2003-0212                                       Page 2          
         Application No. 09/089,053                                                 
         Representative claim 1 is reproduced as follows:                           
         1.   A circuit for detecting fly height, comprising:                       
              a circuit for reading with a head a transition signal being           
         previously recorded on a disk;                                             
              a circuit for measuring the fly height of said head from              
         said disk based on a PW50 signal determined from said transition           
         signal;                                                                    
              a circuit to determine if a threshold height has been                 
         reached based on said fly height.                                          

         The examiner relies on the following reference:                            
         Meyer et al. (Meyer)        5,991,113          Nov. 23, 1999               
         (filed Apr. 07, 1997)                                                      
         Claims 1-6 stand rejected under 35 U.S.C. § 102(e) as                      
         being anticipated by the disclosure of Meyer.  Claims 7-12 stand           
         rejected under 35 U.S.C. § 103.  As evidence of obviousness the            
         examiner offers Meyer taken alone.                                         
         Rather than repeat the arguments of appellants or the                      
         examiner, we make reference to the brief and the answer for the            
         respective details thereof.                                                
         OPINION                                                                    
         We have carefully considered the subject matter on                         
         appeal, the rejections advanced by the examiner and the evidence           
         of anticipation and obviousness relied upon by the examiner as             
         support for the rejections.  We have, likewise, reviewed and               
         taken into consideration, in reaching our decision, the                    
         appellants’ arguments set forth in the brief along with the                
         examiner’s rationale in support of the rejections and arguments            
         in rebuttal set forth in the examiner’s answer.                            






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