Ex parte MONS - Page 2




              Appeal No. 1999-2269                                                                                             
              Application 08/558,517                                                                                           

                      6.     A record carrier in the form of a disc on which control information is                            
              recorded, said record carrier having a diameter, said control information comprising                             
              diameter information including an encoding of the diameter of the record carrier.                                
                      7.     A record carrier as in claim 6, wherein said carrier has information tracks on                    
              which said control information is recorded at a predetermined position.                                          

                      The references relied on by the examiner are:                                                            
              Ando et al. (Ando)                    5,432,766             July 11, 1995                                        
              Akashi                                04-245061             Sept. 1, 1992                                        
              (Japanese Patent Application)1                                                                                   

                      Claims 3 through 7 stand rejected under 35 U.S.C. § 102(e) as being anticipated                          
              by Ando.                                                                                                         
                      Claims 3 through 7 stand rejected under 35 U.S.C. § 102(b) as being anticipated                          
              by Akashi.                                                                                                       
                      Reference is made to the brief (paper number 26) and the answer (paper number                            
              27) for the respective positions of the appellant and the examiner.                                              
                                                          OPINION                                                              

                      For all of the reasons expressed by the examiner (answer, pages 4 through 9), and                        
              for the additional reasons set forth infra, we will sustain the rejections of claims 3 through 7.                
                      Ando clearly recognizes that compact discs (CDs) have several different diameters                        
              (column 1, lines 33 through 55), that the “type of disc is identified on the basis of a                          


                      1                                                                                                        
                             A copy of the translation of this reference is attached.                                          
                                                              2                                                                





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