Appeal No. 2005-1869
Application No. 09/902,051
responsive to a signal read at a data rate, and that appellants’
argument that resistance circuit 132 “does not respond to” data
rates (brief-page 6) is not drawn to claimed subject matter
(answer-page 4).
We agree with the examiner. The instant claims do not
require a response from the filter circuit based on any specific
data rate, or that various data rates will cause a different
response from the filter. The claims merely require that an
offset correction circuit corrects DC offset “in accordance with
a data rate” and that the filter circuit responds to a thermal
asperity signal “in accordance with said data rate.”
Whatever “data rate” at which Patti’s system is operating,
is the “data rate” in accordance with which the offset correction
circuit of Patti is operating and in accordance with which the
filter circuit 112 is responding to the thermal asperity signal.
As the examiner indicates, appellants’ argument are not
commensurate with the scope of the claims since the claims do not
require that the response from the filter be based on any
specific data rate, or pluralities thereof.
We also agree with the examiner that Patti’s disclosure, at
column 6, line 55, viz. different data rates, shows that Patti’s
system is applicable and operable with other data rates.
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