Appeal No. 1999-2240
Application 08/909,349
the first layer is recorded on the second layer of the
disk.
It is not understood why the Examiner interprets the
limitation, because the claim is clear on its face: one
half of the data to be recorded is recorded on the first
recording layer and the remainder of the data (the other
half) is recorded on the second recording layer. The claim
limitation of recording substantially one half the data to
the first recording layer says nothing about the size of the
data relative to the capacity of the recording layer. Thus,
the Examiner errs in interpreting the limitation to mean
that the first recording layer is not sufficient to record
the whole amount of data. The data to be recorded could be
less than the data capacity of a recording layer; the claim
requires the data to be divided between the two recording
layers even though it could be recorded on one side. The
data to be recorded could be greater than the data capacity
of one recording layer and less than the data capacity of
both layers together, but this has nothing to do with
dividing the data in half.
The Examiner finds that Best teaches recording data on
a first layer and then continuously on a second layer,
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