Appeal No. 1999-2020
Application D-29/058,031
What is apparent here is that the underlying substrate
material in Cohn was transparent, the only variation being the
manner or extent in which the stripe of any color was
displayed on this transparent portion. Stated differently,
the patent-ability of the design in effect resided upon the
extent to which the underlying substrate “color” was revealed.
A similar observation is present in the instant claim on
appeal where a conventional transparent substrate material for
a pre-recorded optical disk was admitted by appellants to be
known in the art as well as recognized and taught in Benne.
Generally speaking, the same radial extent of the colored and
transparent regions of the claimed invention are present in
Figures 1 and 2 of Benne as well. Thus, the underlying nature
of the disk substrate being transparent is presented in a
specific location and to specific or general radial extent as
compared with the known prior art disk represented by Benne.
Indeed, Benne confirms that prior art disk substrates are
transparent and have a reflective coating to any radial extent
thereon generally visible on one side and/or a colored or
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