Appeal No. 2003-0779
Application 09/286,413
actually made by appellant have been considered in this decision.
Arguments which appellant could have made but chose not to make
in the brief have not been considered and are deemed to be waived
[see 37 CFR § 1.192(a)].
With respect to claims 8-11, the examiner states that
“[t]he claims are interpreted to read on assigning the defective
sectors during recording data on a disk” [answer, page 5]. The
examiner finds that the claims are met by the reference since the
reference shows the use of defective data management that
utilizes the use of replacement sectors.
Appellant argues that Dobbek does not teach or suggest
contiguous data in the user-data area, and in fact, that Dobbek
expressly teaches away from contiguous data in the user-data
area. Appellant observes that Dobbek does not teach or suggest
that all defective sectors are used so that the user-data is not
contiguous. Appellant argues that the data sectors in Dobbek are
separated by servo sectors and are sometimes split by servo
sectors [brief, pages 8-10].
The examiner responds that it is notoriously well
established in the art that each disk must have servo sectors
between the data sectors [answer, page 7].
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