Appeal No. 2003-2006
Application No. 09/556,978
is a combined CD and DVD. The additional read/write area 102 is
either on the top or the bottom of the single-layer CD (Figures
1A and 3). The examiner’s contentions to the contrary
notwithstanding, the read/write area 102 does not contain pre-
recorded identification information expressing a disk type. The
referenced portion of Tognazzini (i.e., column 6, lines 33
through 38) discusses control information kept in RAM 410B, and
not control information in the read/write portion 102 (brief,
page 4). The user of the disk in Tognazzini may write any type
of information into the area 102 and thereafter read it, but the
only source of record1 that informs the user to place disk
identifying information into this area is appellants’ disclosed
and claimed invention. We agree with appellants’ argument
(brief, page 4) that such teachings are not available to the
examiner in an obviousness determination.
In summary, the obviousness rejection of claims 1 through 3,
19, 23 and 24 is reversed.
1 At the oral hearing, appellants’ counsel informed the
Board that the broad claims on appeal may be impacted by the
teachings of recently discovered U.S. Patent No. 5,526,328.
4
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