Appeal No. 2000-0753
Application 08/909,545
Claims 1-17 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Oshima '301 and/or Oshima '551.
We refer to the final rejection (Paper No. 4) (pages
referred to as "FR__") and the examiner's answer (Paper No. 11)
(pages referred to as "EA__") for a statement of the examiner's
rejection, and to the brief (Paper No. 9) (pages referred to as
"Br__") and reply brief (Paper No. 12) for a statement of
appellant's arguments thereagainst.
OPINION
It is the examiner's duty to establish a prima facie case of
obviousness. The way to do this is to point out, with
specificity, where each of the claim limitations are taught or
suggested in the references. Oshima '301 has 43 sheets of
drawings and 42 columns of text and Oshima '551 has 133 sheets of
drawings and 66 columns of text. We do not find the examiner's
general description of the Oshima patents and references to a
couple of figures in each to be of much help in addressing the
particular claim limitations. Nevertheless, we try our best to
read the claims on the references. We start with Oshima '301.
Oshima '301 discloses a copy protection technique. With
reference to the secondary recording process 817 in figure 1, an
anti-piracy copy protection mark is formed in the radial
direction in random locations on completed disks (step 819a);
accurate position information about the mark is read by a
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