Appeal No. 2002-2009 Application 09/843,631 a detection circuit that determines whether the head is within an acceptable flying height range in response to the first and second data patterns while the head is at a substantially constant flying height and independently of flying height data obtained from the disk drive at other than the substantially constant flying height. Correspondingly, the subject matter of independent claims 66 and 67 in dispute relates to the following feature at the end of these independent claims on appeal: a detection circuit that determines whether the head is within an acceptable flying height range in response to the first and second data patterns while the head is at a substantially constant flying height and independently of flying height data obtained from the disk drive at a predetermined flying height. The distinctions between these common features of all these independent claims is found in the language at the end of the noted clauses relating to the disc drive head being "at other than the substantially constant flying height" and the language of the disc drive head being "at a predetermined flying height." There are no references relied by the examiner. Claims 47-67 stand rejected under the first paragraph of 35 U.S.C. § 112, since, in the examiner's view, the claimed subject matter was not described in the specification in such 2Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007