Appeal No. 2003-0779
Application 09/286,413
Appellant responds that this statement by the examiner is
not supported by this record, and that the examiner has failed to
establish a prima facie case of the obviousness of the claimed
invention. Appellant also asserts that CD and DVD players for
audio and video expect every sector to have data. Appellant
argues that the hard disk format taught by Dobbek has separate
dedicated servo sectors that prevent the data sectors from being
contiguous [reply brief].
We will not sustain this rejection of the claims for
essentially the reasons argued by appellant in the briefs. The
examiner has improperly reduced the claimed invention to a
concept and then attempted to find that concept instead of
considering the specific language of the claimed invention. As
argued by appellant, each of the claims on appeal recites
contiguous data in the user-data area of the disk. Dobbek
discloses a disk which clearly has servo sector data positioned
within the user-data of the disk. Thus, we agree with appellant
that Dobbek does not teach or suggest the claimed contiguous data
in the user-data of the disk. The examiner’s position that every
disk must have servo data positioned within the user-data area of
the disk is not supported by any evidence on this record. To the
contrary, appellant has submitted evidence in support of
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