Appeal No. 2005-2584
Application No. 09/897,331
We first consider the rejection of independent claim 4 and dependent claims 5, 6,
14 through 16. Appellants assert on page 5 of the brief that claim 4 contains limitations
directed to the first variations caused by the existence or nonexistence of information
marks along the track and that the phase of the second variations are
coupled to the phase of the first variations. Appellants point out that this feature is
discussed on page 5 of the appellants’ specification. Appellants argue, on pages 5 and
6 of the brief:
The examiner’s position expressed in the Advisory Action (paper 12) is
that Maeda et al. on column 8, lines 18-19 disclose that a predetermined number
of wobbles correspond to a predetermined number of channel bits. The
appellants respectfully point out that column 8, lines 18-19 of Maeda et al.
disclose that it is possible to read address information discerned from the
wobbling patterns simultaneously with the data represented by the information
marks 274. There is no disclosure, or suggestion, within Maeda et al. for
coupling the phase of the second variations represented by the wobbling
waveforms formed by the borders of tracks 270 to the phase of the first variations
represented by the information marks 274 that are formed within the tracks 270.
Figure 27 of Maeda et al. illustrates the equivalent of the first variations
represented by the information marks 274 formed in land and groove tracks 270,
271, 272, 273. There is no phase relationship that can be discerned between the
first variations represented by the information marks 274 and the wobbling
waveforms formed by land and groove tracks 270, 271, 272, 273 within Figure 27
of Maeda et al., or the discussion related thereto.
In response, the examiner argues, on page 11 of the answer, that limitations from
the specification are not to be read into the claims. The examiner provides a dictionary
definition of “coupled” as “to connect for consideration together” or “to join for combined
effect.” Further, on page 12 of the answer the examiner states:
In light of the supporting disclosure as an example, the phase of the first
variation “a predetermined number of channel bits, represented by the first
variation”; first variations information marks; second variations as wobbles;
“phase of the second variations as predetermined number of wobbles”.
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