Appeal No. 1998-1472 Page 26
Application No. 08/427,721
efficiency of a holographic grating whenever detected, said
signal being indicative of a value of the stored data element
represented by the detected holographic grating.”
Accordingly, claims 144 and 153 each require creating
holographic gratings by varying the diffraction efficiency of
each grating.
The examiner fails to show a suggestion of the
limitations in the prior art. He admits, “Bjorklund et al. as
modified [by Takeda] ... fails to specifically teach means for
creating holographic gratings with different, diffraction
efficiencies.” (Final Rejection at 4.)
Although Murakami teaches recording data on an optical
disk, the data are not recorded as holographic gratings, let
alone holographic gratings with different diffraction
efficiencies. To the contrary, “data pits corresponding to
the data are cut in the recording layer of the disk.” Col. 1,
ll. 36-37.
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