Appeal No. 1998-2658 Page 7
Application No. 08/507,981
Itami et al. is a merchandising system for computer software
which tracks the customer’s ID, which verifies the
volume/serial/label number on a medium before unloading data
to it, and which verifies the storage capacity of the medium.”
However, the appellants maintain (brief, pages 13 and 14) that
Orbach, all purchased information is accessible to the
user/customer. In Itami et al., there is a user
accessible area and a user inaccessible area on optical
disk. There is not, however, any teaching of placing the
data in the user accessible area into the inaccessible
area on the optical disk.
The examiner asserts (answer, page 4), inter alia, that
Orbach teaches,
first information reading means for reading a first
identification information (col. 3 lines 50-54, reading
name or title of customer’s program selection);
second information reading means for reading a
second identification information contained in software
(col. 4 lines 39-44, reading name of selected software or
selected program on disk after customer selected the
program);
The examiner acknowledges (answer, page 5) that “Orbach does
not explicitly teach reading the first identification
information stored in an area to which a user is inhibited
from accessing on a medium.” To overcome the deficiencies of
Orbach, the examiner turns to IBM and Itami. According to the
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