Appeal No. 1999-2240
Application 08/909,349
"[t]herefore recording part of the data on the first layer,
and the remaining part on the second layer is present in the
reference as shown in column 6 lines 42-56" (EA6-7).
This reasoning does not address the claim limitation.
It is possible to record part of the data on the first layer
and the remainder of the data on the second layer without
recording half of the data on each recording layer. Best
does not describe how data is distributed when recorded and,
thus, Best does not teach or suggest recording half the data
in each recording layer. The limitation of recording half
the data in each recording layer, coupled with the later
limitation of the end and start positions being at
substantially the same radial position, means that program
areas of respective layers coincide so that sector addresses
at the same radial position can be converted by a simple XOR
operation. The Examiner has failed to establish a prima
facie case of obviousness as to the limitation of recording
half the data on each recording layer.
Third, Appellants argue that the Examiner has ignored
the feature of the predetermined data area of the first
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