Appeal No. 2002-1674
Application 09/089,901
claims 1 and 11, assertions which we found to be unpersuasive as
discussed supra.
Lastly, we also sustain the Examiner’s obviousness rejection
of all the appealed claims in which the Nakane references are
added to each of the rejections previously discussed. Although
the Examiner has added the Nakane references to supply a teaching
of a single spiral-land/groove (SS-L/G) recording format, we
consider such teachings to be cumulative to those of Moriya for
all of the reasons discussed above. Accordingly, it is our
opinion that the Nakane references are not necessary for a proper
obviousness rejection of the appealed claims, and the Examiner’s
various obviousness rejections are sustained based on the applied
prior art without the Nakane references.
In summary, we have sustained the Examiner’s 35 U.S.C. §
103(a) rejection of all of the claims on appeal. Therefore, the
decision of the Examiner rejecting claims 1-20 is affirmed.
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