Appeal No. 95-1109
Application 07/917,380
The examiner finds that Otsubo does not disclose a
"compact disk recognition switch" (Examiner's Answer, page 4),
but concludes that it would have been obvious to incorporate
such a switch "in order to take advantage of the benefits
related to instantaneous compact disk recognition opposed to
having to wait until the pick up is moved to the proper
position for compact disk recognition" (Examiner's Answer,
page 5). The examiner errs in finding that Otsubo does not
disclose a "compact disk recognition switch." Otsubo discloses
that "[t]he position of the pick-up 5 is detected by a position
detector 7 which includes an encoder or a switch group (not
shown)" (col. 3, lines 16-18). Counsel for appellant admitted
at the oral hearing that these switches correspond to the
recognition switches. Thus, Otsubo corresponds to appellant's
disclosed prior art in figure 1. The examiner's obviousness
conclusion, while unnecessary because the CD recognition switch
is shown, is also wrong because the pickup must be moved next
to the CD recognition switch, i.e., the CD recognition switch
does not sense the CD as assumed by the examiner.
Otsubo includes a "disk sensor for sensing whether a disk
is loaded on a clamper" because a failure to obtain a focussing
signal at the CD playing start position and the LD
determination position indicates no disk ("NO" alternative from
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