Ex parte SKOOG et al. - Page 3




                 Appeal No. 1999-1558                                                                                                                   
                 Application No. 08/551,303                                                                                                             


                                            (effective filing date Aug. 30, 1993)                                                                       
                 Abernethy                                             5,525,981                           June 11, 1996                                
                                            (effective filing date Jan. 30, 1992)                                                                       
                 Gasparik                                     5,608,390                           Mar.  4, 1997                                         
                                                                       (filed Feb. 23, 1994)                                                            


                 Weldon, “Error-Correcting Codes with Application to Digital                                                                            
                 Storage Systems,” University Consortium for Continuing                                                                                 
                 Education,                                                                                                                             
                 July 23-26, 1990.2                                                                                                                     
                          Claims 1, 6, 9 and 15 stand rejected under 35 U.S.C. §                                                                        
                 103(a) as being unpatentable over Kano in view of Abernethy.                                                                           
                          Claims 16 through 20 stand rejected under 35 U.S.C. §                                                                         
                 103(a) as being unpatentable over Kano in view of Abernethy and                                                                        
                 Gasparik.                                                                                                                              
                          Claims 3 through 5, 7, 8, 11 through 14, 21, 22 and 24                                                                        
                 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                                                                          
                 over Kano in view of Abernethy and Weldon.                                                                                             
                          Reference is made to the brief (paper number 11) and the                                                                      
                 answer (paper number 12) for the respective positions of the                                                                           
                 appellants and the examiner.                                                                                                           

                          2Although this reference is not listed under the prior                                                                        
                 art of record (answer, page 2), the grounds of rejection                                                                               
                 (answer, pages 5 and 6) clearly mention this reference in the                                                                          
                 obviousness rejection of claims 3 through 5, 7, 8, 11 through                                                                          
                 14, 21, 22 and 24.                                                                                                                     
                                                                           3                                                                            





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