Ex Parte SHOJI et al - Page 12



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


          It is apparent to us, as implied by the Examiner, that the land             
          and groove tracks in the applied prior art have control                     
          parameters in common, e.g., the focus position in Appellants’               
          acknowledged prior art and the power discussed at column 12,                
          line 61 of Moriya.                                                          
               We also sustain the Examiner’s obviousness rejection of                
          dependent claims 7, 9, 17, and 19 grouped together by Appellants.           
          We find no compelling arguments from Appellants that convince us            
          of any error in the Examiner’s assertion that power can be                  
          interpreted as intensity, as discussed at page 5 of the English             
          translation of JP 4-141827, nor in the Examiner’s position with             
          respect to the claimed groove track and land track sectors                  
          (Answer, pages 9 and 10).                                                   
               As to the Examiner’s 35 U.S.C. § 103(a) rejection of                   
          dependent claims 3-6, 8, 10, 13-16 and 20 grouped together by               
          Appellants, in which the Johann and Pietrzykoski references are             
          applied to address the various claimed features, we sustain this            
          rejection as well.  Appellants’ arguments (Brief, pages 13-15)              
          rely on assertions made previously with respect to independent              



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