Appeal No. 1999-2240
Application 08/909,349
is refocused on the second data surface directly below
and then the beam tracks the counter-clockwise spiral
pattern outward until the outer diameter is reached.
We find that this description of "continuous tracking
of data" informs one of ordinary skill that the start
position of the data on the second data surface is at
substantially the same radial position as the final position
of the data on the first data surface because only
refocusing on the second data surface (i.e., a focus jump)
is required to go to the second data surface when the first
data surface ends. Tracking would not be continuous if the
system had to hunt for the beginning of the second data
surface at a greater or lesser radius from the end of the
first data surface. Appellants do not address this teaching
of Best.
For the reasons discussed above, we find that Best does
not teach or suggest the limitations of: (1) "substantially
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 . . . and the remainder
of the data is recorded in said data area of said second
recording layer"; and (2) "said predetermined data area
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