Appeal No. 2004-0779
Application No. 09/790,185 Page 7
mark area, and that a small portion of the identification mark is
located in the data recording area.
Turning to the rejection of claims 1 and 7 as being
anticipated by Oshima ('299), we note at the outset that the
examiner's broad reference to columns 2-12 of Oshima is not
helpful in determining the exact basis for the examiner's holding
of anticipation. From our review of Oshima, we find (col. 2,
lines 30-41) that:
It is an object of the present invention to solve
the problems of the prior art. It is a further object
of the present invention to provide an optical disk
comprising write-once information that can be used for
copyright protection, for example for copy-protection
or protection from unauthorized use of software, a
method for recording write-once information on an
optical disk, a method for reproducing write-once
information from an optical disk, an apparatus for
reproducing optical disks, an apparatus for recording
and reproducing optical disks, an apparatus for
recording write-once information on optical disks, and
an apparatus for recording on optical disks.
We also note the disclosure of Oshima (col. 4, lines 16-20);
(col. 10, lines 36-38); (col. 21, lines 32-35), and (col. 22,
lines 14-18) that:
It is preferable that in the optical disk
according to the first configuration, the recording
layer undergoes a reversible phase change between a
crystalline phase and an amorphous phase.
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