Ex Parte Carlson et al - Page 2



          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               

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