Appeal No. 1999-2269
Application 08/558,517
determined by reading the table-of-content data (hereinafter referred to as TOC) recorded
in the lead-in section of the optical disc, and the rotation servo gain is controlled
accordingly; thus, it becomes possible to determine the type of the optical disc even when
the optical disc is rotating.” “In addition, the TOC extracted in the TOC-extracting circuit
(12) is input to the discrimination circuit (13), which discriminates between a CD single
and standard CD, and the discrimination result is supplied to the control circuit (11)”
(translation, page 8). Thus, Akashi “reads the aforesaid TOC recorded in CD 1 or CD 2 to
determine the size of the CD and, based upon the result, controls the servo gain of the
spindle motor (3)” (translation, page 11). Appellant argues (brief, page 7) that there is
nothing whatsoever in Akashi “to suggest that the control information includes an actual
encoding of the diameter.” If Akashi uses a decoder (translation, page 8), then the signal
read from the disc is encoded. Appellant’s argument (brief, page 8) concerning an “actual
physical” disc diameter is not commensurate in scope with the claimed invention.
Appellant argues (brief, pages 13 and 14) that the references do not require that the
diameter data be recorded at a “predetermined position” on the disc. As indicated supra,
Akashi clearly states (translation, pages 6 and 7) that the diameter data is “recorded in the
lead-in section of the optical disc.”
Based upon the foregoing, and the examiner’s thorough analysis of the facts and
issues in this application, appellant’s arguments (brief, pages 10 and 13) that the disc
data read in both Ando and Akashi is not “inherently” intended to represent disc diameter
data is without merit.
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