Appeal No. 1999-2020
Application D-29/058,031
extent of printing or imprinting or the reflective material
containing the data content does not extend the full radial
extent of the conventional sized disk. Note, for example, the
discussion in association with Figure 2 at column 3, lines 31
through 37 of Benne. Appellants' earlier noted discussion of
the conventional disk structure in the summary of the
invention in the brief, as well as the background portion of
Benne at column 1, both confirm that the entire prior art
substrate material comprising conventional disks is
transparent.
We agree with the examiner's conclusion of obviousness of
the certain matter of the present design claim on appeal in
light of Benne. We again make reference to Benne's Figure 1
and Figure 2 and the discussion of Figure 2 at column 5, lines
41 through 68 which indicate that, according to the exemplary
regions depicted in Figure 2 and discussed in this noted
portion of Benne, the respective outer zone A or any zone may
have any color imprinted thereon. This is confirmed at column
8, lines 54 through 68 of Benne.
As a matter of design case law, transparency appears to
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