Appeal No. 2000-0753
Application 08/909,545
the user to enter a password, code, ID ..etc in order to verify
whether that entered code" (FR2). Appellant argues that the
present invention does not include a prompt or user entered
password or the like as asserted by the examiner (Br8). It is
argued that the present invention includes an executable code
module which itself verifies the mark located in a spiral track
or data following the track (Br8). The examiner responds that
"Oshima et al (301) column 12 line 60 to column 13 line 14
discloses the use of reading position information using
encryption data to identify the marking position on the disk
meeting appellant's claimed invention" (EA7).
The term "executable code" requires instructions that are
executed, not a mere recorded barcode of marking position
information that is compared by an external program or hardware
as shown in Oshima '301, figure 41. The information recorded in
the barcode in Oshima '301 does not verify the mark or allow
access to data and programs on the optical medium, as claimed.
The examiner's rejection does not address the terminology of
"executable code" or the fact that the executable code on the
optical medium is adapted to perform verification and access
functions.
For the reasons stated above, the examiner has failed to
establish a prima facie case of obviousness. The rejection of
claim 1, and its dependent claims 2-14, is reversed. Claim 15 is
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