Ex Parte Verboom - Page 7



         Appeal No. 2006-1970                                                      
         Application No. 10/014,392                                                
         then recorded at the positions 14T while sync signal of a length          
         of 14T is recorded at the heads of all of the sync frames and             
         data (col. 6, lines 41-51).  Therefore, whether the pre-pits are          
         recorded prior to recording the data or afterwards, the pre-              
         information is recorded as a part of the sync frame in an                 
         interleaved manner, which in turn, determines any readout errors          
         that may be related to synchronization problems as a part of data         
         recording errors.  Thus, considering the features encompassed by          
         claim 1 and our analysis of Kudora and based on the principles            
         outlined above, we find that the Examiner has properly                    
         corresponded the pre-information recorded within the sync frames          
         to the claimed reference fields which may be analyzed to                  
         determine whether a readout error has happened.                           
              In view of the analysis above, we find that the Examiner has         
         met the burden of providing a prima facie case of anticipation as         
         Kudora teaches the method steps of claim 1.  Accordingly, we              
         sustain the rejection of claims 1, 13 and 22 as well as claims 3,         
         10, 14, 16, 17, 19, 20, 23, 26 and 31, which are argued by                
         Appellant as one group rejected under 35 U.S.C. § 102 over                
         Kudora.                                                                   
              35 U.S.C. § 103 rejection of the claims                              
              Appellant argues that nothing in Kudora describes the                
         features recited in claims 2, 9, 11, 12, 15 and 27-30 related to          
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