Ex Parte MORRIS et al - Page 6




          Appeal No. 2002-1180                                                        
          Application No. 08/924,552                                                  


          positioned using the embedded servo information by controlling              
          the microactuators to move the corresponding data heads “based on           


          relative positions of the coarse actuator and each of the                   
          plurality of microactuators.”                                               
               It is unclear from the examiner’s statement and rationale              
          for the rejection of claim 5, at page 2 of Paper No. 11, what the           
          examiner relies on in Kobayashi for moving the data heads “based            
          on relative positions of the coarse actuator and each of the                
          plurality of microactuators.”  The examiner elucidates, at pages            
          4-5 of the answer, by citing column 8, line 51-column 9, line 27,           
          column 11, lines 15-61 and column 12, lines 24-44, of Kobayashi             
          for the claimed positioning based on the relative position of the           
          course and fine actuators.  We have reviewed these cited portions           
          of the reference but fail to find the claimed features.                     
               The examiner also contends that appellants’ arguments are              
          not commensurate in scope with the claim language.  While                   
          appellants may present certain arguments regarding limitations              
          not in the claim, their argument regarding positioning of data              
          heads based on relative positions of the coarse actuator and each           
          of the plurality of microactuators is clearly based on                      
          limitations appearing in the claim and these limitations have not           

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