Appeal No. 2002-1235
Application No. 08/823,823
was admittedly known in the art that the power calibration area
of the disk is necessarily readable in order to effect recording,
it may well have been a matter of obviousness, based upon the
admitted prior art and Takahashi, to cover a functional area of
the disk other than the recording area, namely, the presently
claimed power calibration area. As for appellant's use of an
abrasive tool to abrade the power calibration area to render the
disk permanently non-recordable, the examiner should determine
the obviousness of destroying a feature of the disk that is
necessary for recording when recording is not desired. Likewise,
the examiner should determine the obviousness of the appealed
claims separately argued by appellant.
In conclusion, based on the foregoing, the examiner's
rejections under 35 U.S.C. § 112 and 35 U.S.C. § 103 are
reversed. This application is remanded to the examiner for the
reasons set forth above.
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