Appeal No. 1998-2658 Page 10
Application No. 08/507,981
unit 20, and L(=V1) from store unit 22. If V1 does not equal
V2, a determination is made that the disk has been unlawfully
produced.
From these teachings of Itami, we find that in Itami,
identification information is written in ROM area B, which is
inaccessible to the user for comparison with the
identification information stored in host computer 100, in
order to prevent an unlawfully copied disk from being used.
In Orbach, the program identification information is already
incorporated onto the program by the vendor before the disk is
given to the purchaser.
From our reading of Orbach, it is clear that Orbach is
not concerned with preventing unauthorized writing of a
program onto the disk, as Orbach’s merchandising system writes
the program to the disk, after the program has been purchased.
The examiner relies upon Orbach’s (col. 3, lines 50-54)
reading of the name or title of the customer’s program
selection, for a teaching of a first identification reading
means for reading a first identification information. We see
no reason or suggestion in the prior art as to why one of
ordinary skill would have been led to have written this
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