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. 2Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007