Appeal No. 1998-1470
Application 08/533,740
The Examiner responds that Appellants did not seasonably
challenge the Examiner's finding of Official Notice that
"filling spaces in optical disks with resin is old and well
known throughout the art" and, therefore, according to the
Manual of Patent Examining Procedure § 2144.03, the finding is
taken to be admitted prior art (EA9).
We do not consider that filling spaces in optical disks
with resin is the kind of fact that is proper for Official
Notice; it is not a fact of which we are aware, nor do we
think the Federal Circuit, which is responsible for reviewing
our decisions, is likely to have knowledge about this finding.
Nevertheless, we agree with the Examiner that findings of
Official Notice must be seasonably challenged. Here, however,
Appellant argues that even if the finding is correct, it does
not address filling the space between the protective member
rim and the outer surface of the glass substrate, as claimed.
We agree with Appellant. The Official Notice is not
commensurate in scope with the claim limitation. There must
be some motivation for filling the space between the rim and
glass substrate. Hoogeveen expressly discloses that there
should be a space at the outer circumference of the substrate
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