Ex parte YOKOGAWA - Page 3




               Appeal No. 96-1346                                                                                                    
               Application 08/122,611                                                                                                


                       The appealed claims stand rejected under 35 U.S.C. § 103 as unpatentable over Sugiyama in                     

               view of Verboom.                                                                                                      

                       The respective positions of the examiner and the appellant with regard to the propriety of these              

               rejections are set forth in the final rejection (Paper No. 16), the examiner's answer (Paper No. 22), the             

               supplemental examiner’s answer (Paper No. 24), the appellant's brief (Paper No. 21), reply brief                      

               (Paper No. 23) and supplemental reply brief (Paper No. 26).                                                           

                                                       Appellant's Invention                                                         

                       Appellant discloses an optical recording disk.  In Figure 1, the disk is illustrated as having a pair         

               of wobble pits P in a  corresponding sector of each of a plurality of recording tracks.  Each pair of                 
                                W                                                                                                    
               wobble pits is located in the servo control information area F  of a track sector (Figure 2) and the                  
                                                                               S                                                     
               wobble pits of each pair are staggered with respect to each other in the track direction.  Each wobble                

               pit comprises an inner circumferential pit for a pair associated with one track and an outer                          

               circumferential pit for a pair associated with an adjacent track.  Alternate tracks include a track                   

               discrimination pit P   disposed in a servo control information area to change the tracking polarity of                
                                    DET                                                                                              
               signals from pairs of wobble pits.                                                                                    

                                                              Opinion                                                                

                       The examiner states that Sugiyama discloses an optical disk having tracks such as 6, 12 and 13,               

               data information area 69 for recording servo control information, wobble pits 7, 8 along each track for               


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