Ex Parte BAKX - Page 3




          Appeal No. 1998-3389                                                        
          Application No. 08/386,794                                                  


               second tracking error signal generating means for                      
          generating, when the tracking control system operates in the                
          second operating state, a signal which represents a difference              
          between the sums of the detector signals produced by the                    
          sub-detectors of the first auxiliary detector and the second                
          auxiliary detector as the tracking error signal.                            
               The references relied upon by the examiner are:                        
          Philips                            GB1434834      May   5, 1976             
          Yoshio et al. (Yoshio)             5,216,652      Jun.  1, 1993             
          Jongenelis et al. (Jongenelis)     5,235,583      Aug. 10, 1993             
               Claims 1 to 6 stand rejected under 35 U.S.C. § 103(a) as               
          being unpatentable over Jongenelis in view of Yoshio or the                 
          Philips references.                                                         
                                       OPINION                                        
               We have carefully considered the entire record before us and           
          we will sustain the 35 U.S.C. § 103(a) rejection of claims 1 to             
          6.                                                                          
               In Jongenelis, the scanning spot is kept "on the centerline            
          of a track to be scanned in the first mode" (column 1, lines 23             
          and 24).                                                                    
               According to the appellant (Brief, page 4), "Jongenelis et             
          al. identify the primary objective of their invention to be the             






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