Ex Parte Spruit et al - Page 8



          Appeal No. 2004-0779                                                        
          Application No. 09/790,185                                 Page 8           

          In a first configuration of an apparatus for recording and                  
          reproducing optical disks whereon information can be recorded,              
          erased and reproduced.                                                      
               [A] recording layer 303 of a phase-changeable                          
               material that can reversibly change between a crystal                  
               phase and an amorphous phase is formed on top of the                   
               dielectric layer 302.                                                  
               When an optical disk has a recording layer                             
               consisting of a thin film that can be reversibly                       
               changed between these two optically detectable states,                 
               it can be used as a high-density rewritable                            
               exchangeable medium, for example a DVD-RAM.                            
               From this disclosure of Oshima, we find a suggestion that              
          the recording layer may be rewritable.  However, from the                   
          disclosure of Oshima (col. 4, line 63 through col. 5, line 2)               
          that:                                                                       
               [T]he write-once information is recorded by partially                  
               removing the reflective layer.                                         
               It is preferable that in the optical disk according                    
               to the third configuration, the main information and                   
               the write-once information are recorded by partially                   
               changing a reflection coefficient of a reflective                      
               layer.                                                                 
          From this disclosure of Oshima that the write-once information is           
          recorded by partially removing the reflective layer, we find that           
          in Oshima, the recording layer is "write-only" and is not                   
          rewritable.  However, even assuming arguendo that we are                    
          incorrect in our understanding of the disclosure of Oshima, and             
          Oshima teaches a rewritable recording layer, claim 1 is still not           






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