Appeal No. 1999-2240
Application 08/909,349
some cases that one half the amount of data to be recorded
exactly fills the data area available for recording on a
layer; this situation is excluded by the claims.
The rejection of claims 1, 3, 5, 7, 9, 12, 13, 15, 16,
18, 19, and 21 under § 112, first paragraph, is reversed.
35 U.S.C. § 103(a)
Appellants make four main arguments.
First, Appellants argue that Best describes arrangement
of non-data tracking marks and does not describe data
portions arranged in the same manner as the tracking marks
(Br16).
The Examiner responds that it is notoriously well known
that the tracking tracks on the disk are representative of
the data tracks as shown in Figs. 3A-3D of Best (EA6).
Appellants' argument is without merit. The tracking
marks are used to keep the light beam on track (col. 6,
lines 15-16). Focus, tracking, and data signals are derived
from the beam from the optical head (col. 8, lines 58-67),
shown as beam 144 in Fig. 3A. Data is recorded on land 134
between tracking grooves 132 and on land 138 between inverse
tracking grooves 136 (raised ridges) (Fig. 3A) (col. 6,
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