Ex Parte Tieu - Page 3

               Appeal 2007-3939                                                                            
               Application 10/448,725                                                                      

                      The Examiner rejected claims 1-6 and 8-19 under 35 U.S.C. § 102(b)                   
               as being anticipated by Calfee.                                                             
                      Rather than reiterate the opposing arguments, we refer to the Brief and              
               the Answer for the respective positions of Appellant and the Examiner.                      

                                                  ISSUE                                                    
                      The issue is whether Appellant has shown that the Examiner erred in                  
               rejecting the appealed claims under 35 U.S.C. § 102(b) as anticipated by                    
               Calfee.                                                                                     

                                          FINDINGS OF FACT                                                 
                      The following findings of fact (FF) are relevant to the issue at hand.               
                      1. Calfee relates to data recording disk drives and means for                        
               releasing the disk drive carrier from the disk when the carrier is stuck to disk            
               surface (col. 1, ll. 6-11).                                                                 
                      2. Calfee discloses that when the rotor becomes stuck, because the                   
               position of the rotor relative to the phase windings at startup is not known,               
               inappropriate phase windings relative to the rotor may be energized,                        
               generating magnetic fields that induce little or no torque to rotate the rotor              
               (col. 2, ll. 34-38).                                                                        
                      3. In order to ensure that proper phase windings are energized,                      
               Calfee uses sensing devices, such as Hall sensors, to determine the rotor                   
               position relative to the windings at startup.  Once the rotor position is                   
               determined, appropriate windings can be energized to provide maximum                        
               torque to the rotor.  The rotor position can also be used to energize                       


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