Ex Parte SHOJI et al - Page 10



          Appeal No. 2002-1674                                                        
          Application 09/089,901                                                      


               Similarly, the Moriya reference also recognizes the problems           
          of recording and/or reproducing information on separate land and            
          groove tracks including the need to jump, for example, from an              
          outer groove track to an inner land track in order to                       
          continuously record or reproduce information (Moriya, column 12,            
          lines 35-55).  To address this “track jumping” problem, Moriya              
          teaches the use of a single spiral format (Example 2, beginning             
          at column 12, line 56) with alternately connected land and groove           
          tracks as presently claimed.  In our view, Appellants’ arguments            
          notwithstanding, the nature of the problem to be solved coupled             
          with Moriya’s suggested alternate land/groove track solution                
          provides clear motivation to the skilled artisan to modify the              
          separate land and groove track format of the acknowledged prior             
          art and JP 4-141827.  Moriya also provides for the identification           
          of land and groove tracks in the form of a track address (Moriya,           
          column 13, lines 40-50).                                                    
               We also make the observation that, in our view, the language           
          of claims 1 and 11 which sets forth the recording and reproducing           
          operation does not distinguish over the operation of the                    
          conventional system acknowledged as prior art by Appellants.  For           


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