Appeal No. 95-3091
Application 08/093,311
Importers Int’l Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239
(Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996). In our
view, the reasoning of the examiner is at a level beyond that
which can be said to have been necessarily possessed by one
with ordinary skill in the art without explicit or implied
suggestion from the prior art.
Claim 2, which depends from claim 1, further recites
that the number of bits is selected from a plurality of
numbers
that are predetermined for respective "groups" of tracks on
the medium. On this record, suggestion for such a feature
also derives solely from the appellant’s own disclosure.
Claim 3, which depends from claim 2, recites that the number
of bits decreases as the group of tracks approaches an
outermost track of the medium.
Claim 4, which depends from claim 1, further recites
collation of the track address to a detection value which is
predetermined according to an inspection result indicating the
possibility of error for the corresponding track. On this
record, suggestion for such a feature also derives solely from
the appellant’s own disclosure. Claim 5 depends from claim 1.
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