Ex Parte MIYAGAWA et al - Page 3




                 Appeal No. 2005-2750                                                                                                                
                 Application 09/460,221                                                                                                              

                          The figures of the original patent depict eight different embodiments of apparatus                                         
                 for recording data on or reproducing data from two different types of optical discs each                                            
                 having a recording layer and a substrate layer.  In the “first” type of disc, depicted in                                           
                 Figure 4A, the substrate has a thickness d1 of 1.2 mm.  Original Patent, col. 5, ll. 66-                                            
                 67.2   Nishiuchi et al. Patent 5,097,464 (“Nishiuchi”), which was applied during                                                    
                 prosecution of the original patent, explains that this is the commonly used substrate                                               
                 thickness for optical discs.  Nishiuchi, col. 1, ll. 25-28.  In the “second” type of disc,                                          
                 depicted in Figure 4B, the substrate has a smaller thickness d2 of, for example, 0.3 mm.                                            
                 Original Patent, col. 6, l. 6.  As explained at column 1, lines 21-65, the smaller                                                  
                 thickness of this substrate is due to the fact that it is designed to record a higher density                                       
                 of information than is possible using the conventional, thicker substrate.  Specifically,                                           
                 higher-density recording requires a reduced spot diameter (D), which is related as                                                  
                 follows to the laser wavelength (λ) and the numerical aperture (NA) of the focusing lens:                                           
                                           D ∝ λ/NA                                                                                                  
                 Thus, the recording density can be increased by increasing the numerical aperture and                                               
                 thereby decreasing the spot diameter.  While increasing the numerical aperture will                                                 
                 inherently cause an increase in coma aberration, that effect is avoided or reduced by                                               
                 reducing the thickness of the substrate.  Another problem is that an objective lens which                                           
                 is designed for use with the thinner, high-density optical disc will suffer from an                                                 
                                                                                                                                                    
                          2  All citations herein to the specification of the reissue application, which does                                        
                 not include line numbers, are to the specification of the original patent, which does.                                              
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