The new drive has 3 partitions DH0 - 10GB,DH1 - 35GB and DH2 - 31GB. HDtoolbox recognized it as a 76.3GB HD but would only give me 20GB partition so I did it manually and that sorted the partitioning problem
There it is !!! The boot-partition has to be under the 4GB-barrrier, as at first startup there are no patches to rom installed (only plain Kickstart 3.1) and Kick31. doesn't recognise any partitions above 4GB (It is even dsangerous to start that way, code could be written into the bootblock -> data loss)
Make the first partition under 2GB to be on the save side.
OS 3.9 never will blow up like Vista, so you don't need 10GB to boot the Operating system.
After the first executing of setpatch the OS reboots and from now on the Harddrive is recognised at the full capacity
Markus.