Ex parte KONISHI et al. - Page 6




          Appeal No. 1998-0063                                                        
          Application No. 08/057,805                                                  


          if the alternative defects data area in the first sector is                 
          full.  The examiner states (Answer, page 8) that Harari's                   
          substituting a replacement sector for a defective sector is                 
          the motivation for creating a second relief area when a first               
          one is full.  However, we fail to see how a teaching to                     
          replace the entire sector would have motivated the skilled                  
          artisan to create a second alternative defects area within the              
          same sector.  The two methods for dealing with a full relief                
          area are quite different.  Again the examiner has provided no               
          basis for the particular modification.  Therefore, we cannot                
          sustain the rejection of claim 1 nor the claims grouped                     
          therewith, claims 2 through 4, 7 through 14, 16, and 17.                    
















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