Ex parte HARUNA - Page 5




          Appeal No. 1999-2020                                                        
          Application D-29/058,031                                                    



          CD to present a relatively short music or information track                 
          rather than do so on the smaller prior art disk.  Benne in                  
          part is also concerned with such limited information content                
          CDs as indicated at least at column 5, lines 21 through 33 and              
          in the latter portions of column 8.  Benne is also concerned                
          with the overall visual appearance of the CD as a whole as                  
          discussed in the summary of the invention at column 2, as well              
          as the last two paragraphs of column 8.                                     
               Figures 1 and 2 of Benne appear to be the most pertinent               
          to the issue at hand.  The corresponding outer zone A depicted              
          in Figure 1 is most analogous to the subject matter of the                  
          characterization feature of the claimed invention before us.                
          Figure 2 and the discussion thereof at column 5 depicts                     
          different approaches to achieve Benne's aims.  In this                      
          respect, appellants have fairly described in the brief the                  
          subject matter of Benne in that this region A generally has                 
          disposed within or on it a matte finish or some other light-                
          diffusing or light-absorbing imprint for purposes of                        
          concealing defects within that region, such as would be                     
          visible when a limited content CD is made and the radial                    

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