Appeal No. 2000-1243
Application 08/826,112
C. The references and rejections
The examiner relies on the following references:
Yamada et al. (Yamada) 4,383,029 (US) May 10, 1983
Nagashima et al. (Nagashima) 5,134,604 (US) July 28, 1992
Horikago et al. (Horikago)3 6-187662 (Japan) July 8, 1994
Dubs et al. (Dubs), "Double your capacity with DVD,"
September 15, 1995.
Claims 13-18, 23, and 27 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable for obviousness over Nagashima in view
of Horikago.
Claims 19 and 28 stand rejected under § 103(a) as
unpatentable for obviousness over Nagashima in view of Horikago
and Yamada.
Claims 20-22 and 24-26 stand rejected under § 103(a) as
unpatentable for obviousness over Nagashima in view of Horikago
and Dubs.
Claims 13, 22, and 23 also stand provisionally rejected for
obviousness-type double patenting over independent claims 12 and
25 and dependent claim 23 of Kam et al. Application 08/826,111
considered with Horikago. Answer at 4. Because claim 23 of the
3 Our understanding of this reference is based on the
English language translation that accompanied the declaration of
inventor Mitchell, entitled "Affidavit of Dr. William C. Mitchell
Under 37 C.F.R. § 132" (hereinafter "Mitchell Decl."), which was
filed with Appellants' "After-Final Response" (Paper No. 10).
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