Appeal No. 1999-2240
Application 08/909,349
recording layer area being smaller than the data area
available for recording the data (Br16).
It appears that the Examiner ignores this limitation in
the obviousness rejection because of the 35 U.S.C. § 112,
first paragraph, written description rejection. This
rejection has been reversed and, thus, the limitation must
be addressed.
The limitation of "one half of said amount of data to
be recorded on said medium is recorded to a predetermined
data area in said data area of said first recording layer,
said predetermined data area being smaller than said data
area available for recording the data" requires that one
half of the data to be recorded is less than the capacity of
the data area of the first recording layer. This limitation
distinguishes over recording data until the first recording
layer is filled and then recording the remainder on the
second 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 a predetermined data area
which is smaller than the data area of the first recording
layer. Accordingly, the Examiner has failed to establish a
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