Ex Parte Carlson et al - Page 6



          Appeal No. 2002-2009                                                        
          Application 09/843,631                                                      

          is based upon the following teachings in the specification as               
          filed:                                                                      
                    wherein the determination unit does not                           
                    require the movement of the head to a                             
                    substantially different vertical distance                         
                    to make the determination. [specification,                        
                    page 4, line 25 to page 5, line 2]                                
                    ...                                                               
                    wherein the determination does not include                        
                    means for changing a current vertical                             
                    distance between the head and the disk                            
                    surface,... [specification, page 7, lines                         
                    4-6].                                                             
               We are thus in agreement with appellants' observations made            
          at pages 8 and 9 of the brief which we reproduce here:                      
                    Thus, the specification makes abundantly                          
                    clear that in this embodiment the flying                          
                    height determination occurs while the head is                     
                    at a substantially constant flying height by                      
                    comparing a read signal resolution value,                         
                    responsive to a ratio of read signals from                        
                    the first and second data patterns, to a                          
                    predetermined threshold resolution value                          
                    stored in RAM. [Brief, bottom of page 8]                          
                    The specification does not somehow                                
                    require that the predetermined threshold                          
                    resolution value be flying height data                            
                    obtained from the disk drive at another                           
                    flying height, or be flying height data                           
                    obtained from the disk drive at a                                 
                    predetermined flying height.                                      
                    ...                                                               

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