Appeal No. 2005-1869
Application No. 09/902,051
Patti does not disclose a circuit to determine the data
rate and consequently there is no way of adjusting the
programmable thermal asperity recovery circuit based on
different data rates.
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir.), cert. dismissed, 468 U.S. 1228 (1984),
citing Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772, 218
USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026
(1984).
We have reviewed the evidence of record, including the Patti
reference and the arguments of appellants and the examiner. It
is clear that Patti discloses an offset correction circuit to
correct DC offset, wherein a detection circuit 106 in Figure 3
detects a thermal asperity signal, and a filter circuit 112 in
Figure 3 is responsive to the thermal asperity signal. The
question to be answered in order to decide this case, however, is
whether Patti’s filter circuit 112 responds to the thermal
asperity signal “in accordance with said data rate,” as claimed.
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