Appeal No. 1998-2658 Page 9
Application No. 08/507,981
From the above teachings of Orbach, we find that in
Orbach, the program identification information is incorporated
onto the purchased program, which has already been copied onto
the disk. Because the program identification information is
copied onto the program, which is available to the user, we
are in agreement with the appellants (brief, page 13) that in
Orbach, the purchased information is accessible to the user.
The examiner relies upon Itami (answer, page 6) for a
teaching of storing the first identification information in a
user inaccessible area of a recording medium. We find that in
contrast to Orbach, where a vendor is writing purchased
software onto a disk and providing the disk to a customer,
Itami is directed to (col. 1, lines 9-15) preventing
unauthorized use of a disk. In Itami, (col. 6, lines 32-36)
data indicating the storage capacity L(=V2) of ram area 16 on
disk 1 is recorded on DMA area B, which is not accessible to
the user. Storage unit 22 of host computer 100, stores the
storage capacity L(=V1) (col. 6, lines 39-41). Itami further
discloses (col. 6, lines 41-55) that read unit 20 reads
storage capacity L(=V2) from the inaccessible area of the
disk. Comparator 24 compares the reading of L(=V2) from read
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