Appeal No. 2003-0212 Page 4
Application No. 09/089,053
Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ
303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
The examiner has indicated how he finds the invention of
claim 1 to be anticipated by Meyer in the final rejection which
has been incorporated into the answer [page 3]. Appellants argue
that the fly height determination in Meyer is not based on the
transition signal, but instead, is based on temperature.
Appellants argue, therefore, that a threshold in Meyer is not
used for fly height [brief, pages 4-5]. The examiner responds
that the signal from the magnetic transducer of Meyer constitutes
a transition signal as claimed. The examiner also responds that
appellants have not provided any specific arguments directed to
the claimed circuit to determine if a threshold height has been
reached. The examiner finds that Meyer inherently compares the
measured fly heights with predetermined fly heights based on
temperature changes. The examiner also finds that any measured
fly height can be considered to be the threshold height [answer,
pages 4-5].
We will sustain the rejection of claims 1-6. In our
view, the fly height measured in Meyer is clearly based on
signals received from the magnetic transducer. Meyer discloses
that the fly height of the magnetic transducer can be tested in
situ in the assembled disk drive. Meyer then discloses that the
fly height is determined by measuring pulse widths at one-half
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