Ex Parte Verboom - Page 4



         Appeal No. 2006-1970                                                      
         Application No. 10/014,392                                                
         characterizes phase comparing circuits 14 and 15 and amplitude            
         phase equalizing circuits 16 and 17 as means for determining if           
         the retrieved pre-information meets a predetermined shape and             
         whether readout errors have been encountered (answer, page 5).            
              In rebuttal, while acknowledging that Kuroda is related to a         
         rotation control apparatus for controlling a spindle motor within         
         a drive system and the rotation control is achieved by                    
         coordinating various structures such as grooves, tracks and pre-          
         pits (brief, page 6), Appellant further argues that the pre-pits          
         form pre-information on the disk which is used within a sync              
         frame (id.).  Addressing the nature of pre-pits, Appellant                
         asserts that the pre-pits may form different types of                     
         information, such as sync information, but all are represented by         
         preformed pits on the media surface (brief, page 7).                      
              The Examiner responds by stating that although the pre-pits          
         are formed in the recording media prior to recording the pre-             
         information, Kuroda clearly describes the pre-information as data         
         that is recorded and is a part of a sync frame (answer, page 16).         
         The Examiner then asserts that contrary to Appellant’s arguments,         
         after the pre-pits are formed, Kuroda distributes and records             
         data pre-information into a plurality of sync frames (answer,             
         pages 17-18).                                                             

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