Appeal No. 95-1109
Application 07/917,380
We refer to Final Rejection (Paper No. 10) and the
Examiner's Answer (Paper No. 20) for a statement of the
examiner's position and to the Appeal Brief (Paper No. 19) for
a statement of appellant's position. Appellant's Reply Brief
filed October 26, 1994 (Paper No. 22), and Substitute Reply
Brief filed October 6, 1995 (Paper No. 31), were denied entry
by the examiner and appellant's petitions to have the reply
briefs entered and petitions for reconsideration have all been
denied (Paper Nos. 26, 28, 30, and 34). Accordingly, the Reply
Briefs have not been considered.
OPINION
Initially, it is noted that the specification describes
the prior art of figure 1 as having "a CD recognition switch 3
for sensing the disk of CD group and a LD recognition switch 4
for sensing the disk of LD group" (page 2, lines 4-7) and
describes the present invention as having "a CD recognition
switch 16 for sensing the disk of CD group" (page 7,
lines 5-6). These switches actually sense the position of the
pickup 5 or 18 and do not "sense the disk." The disk sensor 14
senses the disk. Appellant should clarify the description.
Otsubo discloses a dual-purpose laser disk player, which
is capable of playing a CD or LD and discriminating between the
two types of disks. Otsubo discloses that in the prior art,
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