Ex Parte Verboom - Page 3



         Appeal No. 2006-1970                                                      
         Application No. 10/014,392                                                

              Claims 1, 3, 10, 13, 14, 16, 17, 19, 20, 22, 23, 26 and 31           
         stand rejected under 35 U.S.C. § 102(b) as being anticipated by           
         Kuroda.                                                                   
              Claims 2, 9, 11, 12, 15 and 27-30 stand rejected under 35            
         U.S.C. § 103(a) as being unpatentable over Kuroda.                        
              Claims 4-8, 18, 21, 24 and 25 stand rejected under 35 U.S.C.         
         § 103(a) as being unpatentable over Kuroda in combination with            
         Verboom.                                                                  
              Rather than reiterate the opposing arguments, reference is           
         made to the brief (filed August 17, 2005), the reply brief (filed         
         December 22, 2005) and the answer (mailed October 18, 2005) for           
         the respective positions of Appellant and the Examiner.  Only             
         those arguments actually made by Appellant have been considered           
         in this decision.  Arguments which Appellant could have made but          
         chose not to make in the briefs have not been considered (37 CFR          
         § 41.37(c)(1)(vii)).                                                      
                                      OPINION                                      
              35 U.S.C. § 102 rejection of the claims                              
              Regarding claim 1, the Examiner’s position is that Kuroda            
         teaches recording pre-information in every sync frame which is            
         periodically interleaved onto the disk every 1488T units (T being         
         a unit of length) (answer, pages 4 and 16).  The Examiner further         
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