Ex Parte Spruit et al - Page 2



          Appeal No. 2004-0779                                                        
          Application No. 09/790,185                                 Page 2           

                                     BACKGROUND                                       
               Appellants' invention relates to a rewritable data storage             
          medium having erasable identification marks.  An understanding of           
          the invention can be derived from a reading of exemplary claim 1,           
          which is reproduced as follows:                                             
               1.  A data storage medium, comprising:                                 
               a rewritable recording layer provided with a tracking                  
          structure having tracks, said layer having a data recording area;           
          and                                                                         
               an erasable identification mark which is present in an                 
          identification mark area other than the data recording area and             
          which extends over a radial width of several tracks of the                  
          tracking structure in the data recording area, wherein the data             
          recording area has a first tracking structure, and wherein the              
          identification mark area has a second tracking structure                    
          substantially different from the first tracking structure.                  
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Satoh et al. (Satoh)          4,535,439           Aug. 13, 1985             
          Oshima et al. (Oshima(‘551)) 5,805,551            Sep.  8, 1998             
          Aoki                          5,999,504           Dec.  7, 1999             
          Oshima et al. (Oshima(‘299)) 6,266,299            July 24, 2001             
                         (filed May 20, 1999)                                         
          Oshima, Japanese Patent       WO98/27553          June 25, 1998             
          Document                                                                    









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