Appeal No. 2003-0267
Application 09/427,229
THE INVENTION
The subject matter on appeal relates to “an actuator of a
disc drive” (specification, page 1). Representative claim 1
reads as follows:
1. An actuator assembly for a disc drive comprising:
a main body which includes a pivoting portion;
an actuator arm attached to the main body;
a yoke attached to the main body, the yoke having a bonding
surface having a plurality of grooves therein; and
a voice coil bonded to the yoke.
THE REJECTION
Claims 1, 3 and 7 through 10 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by U.S. Patent No. 5,734,528 to
Jabbari et al. (Jabbari).
Attention is directed to the brief (Paper No. 16) and answer
(Paper No. 17) for the respective positions of the appellants and
examiner regarding the merits of this rejection.2
2 In the final rejection (Paper No. 9), the statutory basis
for the rejection of claims 1, 3 and 7 through 10 over Jabbari
was 35 U.S.C. § 103(a). The record indicates that the examiner
(1) changed the statutory basis in the answer to 35 U.S.C.
§ 102(b) as a result of the amendment of claims 1 and 7 through
10 subsequent to final rejection, and (2) implicitly forewarned
the appellants of the change in the advisory action dated
February 4, 2002 (Paper No. 11). Given the argument on the
merits advanced in the brief, it is apparent that the appellants
have not been prejudiced by the switch in statutory basis.
Claims 1, 3 and 7 through 10 also stood rejected under 35 U.S.C.
§ 112, second paragraph, in the final rejection. As this
rejection has not been restated in the answer, we assume that it
has been withdrawn by the examiner (see Ex parte Emm, 118 USPQ
2
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