Appeal No. 95-1109
Application 07/917,380
steps S13 and S30 in figure 3), i.e., the pickup together with
the related circuitry constitutes a disk sensor. However,
Otsubo does not operate, as claimed, to first sense whether a
disk is loaded. The examiner finds that a "sensor for
producing a control signal when the loading is complete is
inherent to the system in order to avoid erroneously starting
disk operations before the disk is secured" (Examiner's Answer,
page 4). We disagree. Otsubo determines when a loading
command is issued by detecting whether a switch is turned on by
the user slightly pushing the tray (col. 4, lines 43-46).
Appellant correctly notes that "[t]he sensor in Otsubo detects
the slight push of the tray on which a disk should have been
loaded but does not detect a disk loaded on a clamper"
(emphasis added) (Brief, page 7). It is necessary to attempt a
focus lock in Otsubo before it can be determined that no disk
is mounted (col. 4, lines 64-65; col. 5, lines 57-60). The
examiner has failed to establish why it would have been obvious
to modify Otsubo to operate by first sensing the loading of a
disk. All independent claims require that a disk be determined
to be loaded in the clamper before any action takes place to
discriminate the type of disk.
Otsubo does not include structure corresponding to the
"laser disk discriminating means for detecting a data domain of
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