Appeal No. 2000-2111
Application No. 08/860,537
in recording and reproducing with tracks having different azimuth
angles” of Hasegawa “to reduce the cross talk between the
adjacent tracks” (answer, pages 5 & 6).
After reviewing Appellants’ response, we agree with
Appellants’ argument that although the Examiner has referred to
teachings in Nagasawa that relate to the identified elements of
claims 1 and 2 and an error detecting means, the Examiner has not
addressed the limitations of an error detecting means and a data
selecting means included in the data reproducing means, as
recited in claim 8 (brief, page 7). As pointed out by
Appellants, claim 8 requires that the error detecting means
detect “the error of each of the identified data and the recorded
data” and that the data selecting means select each recorded data
“having the smallest error from among the recorded data read”
(brief, pages 7 & 8, reply brief, pages 3 & 4). We are also in
agreement with Appellants’ position that neither Nagasawa nor
Hasegawa teaches or suggests these elements. We find that the
error correcting circuits of Nagasawa in columns 11 and 15, as
relied on by the Examiner (answer, page 7), do not select any
data having the smallest error and merely correct errors in the
supplied data based on the appended error correction codes.
Moreover, the only other data recovery function performed by
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