Ex Parte GARCIA - Page 2




          Appeal No. 2000-0753                                                         
          Application 08/909,545                                                       

                                      BACKGROUND                                       
               The invention relates to a method for protecting against                
          unauthorized copying of information on an optical medium which               
          stores information in a spiral track.  A "mark" is placed in a               
          predetermining location within the spiral track by a special                 
          process.  The mark cannot be reproduced except by a LBR (laser               
          beam recorder) used in mass CD-ROM manufacturing.  Verification              
          of the mark is checked by executable code on the disk.                       
               Claim 1 is reproduced below.                                            
                    1.  A method for protecting against unauthorized                   
               copying of information on an optical medium comprising the              
               steps of:                                                               
                    a)  placing at least one mark at each of at least one              
               corresponding predetermined location on an optical medium,              
               which at least one location is within a continuous spiral               
               track of said optical medium, which mark is incapable of                
               being reproduced except by a mass reproduction recorder, and            
               which mark, when read by a device adapted to read data                  
               contained in said continuous spiral track is incapable of               
               being read, and, thereby prevents writing a copy of said                
               mark on an optically recordable medium;                                 
                    b)  adding an executable code module to said optical               
               medium, said executable code module adapted to verify said              
               at least one mark, and allow access to data and programs on             
               said optical medium after said verification of said at least            
               one mark.                                                               

               The examiner relies on the following references:                        
               Oshima et al. (Oshima '301)    5,761,301       June 2, 1998             
          (filed November 17, 1995)                                                    
               Oshima et al. (Oshima '551)    5,805,551  September 8, 1998             
          (filed April 25, 1997)                                                       



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