Ex Parte Espeseth et al - Page 2



                 Appeal 2007-0915                                                                                      
                 Application 10/764,946                                                                                
            1           The prior art relied upon by the Examiner in rejecting the claims on                           
            2    appeal is:                                                                                            
            3           Clegg   US 6,721,845 B1  Apr. 13, 2004                                                         
            4                                                                                                          
            5           Claims 1 and 5 stand rejected under 35 U.S.C. § 103(a) as being                                
            6    unpatentable over Clegg (Final Rejection at 3 and Answer at 3).                                       
            7                                        BACKGROUND                                                        
            8           The invention relates to a hard disk drive (HDD) that includes at least                        
            9    one rotatable disk and at least one data transfer element.  The data transfer                         
           10    element is controlled by a controller, which executes commands in a queue.                            
           11    Commands are selected to be executed based on either an optimized                                     
           12    throughput benefit, or an optimized operation rate benefit.                                           
           13           B.  Issue                                                                                      
           14           The issue is whether Applicants have shown that the Examiner has                               
           15    failed to sufficiently demonstrate that there is a legal basis for rejecting                          
           16    claims 1 and 5 over Clegg?                                                                            
           17           For the reasons that follow, Applicants have failed to demonstrate that                        
           18    the Examiner’s rejection is legally incorrect.                                                        
           19           C.  Findings of fact (“FF”)                                                                    
           20           The record supports the following findings of fact as well as any other                        
           21    findings of fact set forth in this opinion by at least a preponderance of the                         
           22    evidence.                                                                                             
           23           1. Applicants’ claims 1 and 5 are the subject of this appeal.                                  
           24           2. Claim 1 is as follows:                                                                      

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