Appeal No. 2004-0723
Application No. 09/768,974
Claim 1 requires that the first segment (80) of the coil
array is positioned substantially perpendicular to the
longitudinal axis of the E-block and is "adapted to interact with
the magnetic field to move the E-block relative to the storage
disk." We concur with appellant that Tohkairin does not describe
this claimed feature within the meaning of § 102. The examiner
points to element 90-3 of Tohkairin's Figure 14 as corresponding
to the claimed first segment of the coil array. However, as
argued by appellant at page 6 of the Brief, Tohkairin expressly
discloses that rear coil portions 90-3 and 90-4 of the coil 90
impart no rotational torque even if a magnetic flux passes
through such portions (see the reference at column 23, line 57 to
column 24, line 7). While the examiner explains that Figure 14
of Tohkairin shows an interaction between portion 90-3 of the
coil and the magnetic field of the lower and upper magnets 154
and 156, the examiner does not explain how such interaction
results in the claim requirement of moving the E-block relative
to the storage disk. The section of Tohkairin cited by appellant
specifically states that portion 90-3 does not generate any
rotational torque.
The rejection of the remaining claims on appeal is another
matter, inasmuch as the claims do not contain the requirement
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