Appeal No. 2004-0779
Application No. 09/790,185 Page 9
met by Oshima as the reference fails to disclose that the
identification mark is erasable. Oshima discloses (col. 22,
lines 19-33) that:
The recording method for identifying information
(write-once information) according to this embodiment
can be almost the same as in the first and the second
embodiment. That is, using a high-power laser, for
example a YAG laser, and a unidirectional convergence
focusing lens such as a cylindrical lens, a laser beam
is focused on the recording layer 303 as oblong
stripes. BCA portion 310 are recorded in the
circumferential direction of the disk. When a laser
beam with higher power than for the recording of
information in the recording layer 303 is irradiated on
the optical disk of this embodiment, an excessive
structural change due to crystallization by phase
transition occurs. Thus, it becomes possible to non-
reversibly record the BCA portions 310. It is
preferable that the BCA portions 310 are recorded as
non-reversible crystal phases.
From the disclosure of Oshima regarding the use of a laser (with
a higher power than for recording of information on recording
layer 303) for irradiating the optical disk to produce an
excessive structural change due to crystallization, in order to
non-reversibly record the BCA portions 310, we find that Oshima
does not disclose the marks 310 to be reversibly recorded.
We are not persuaded by the examiner's assertion (answer,
page 6) that Oshima's disclosure (col. 30, lines 23-34) of
preventing the stripes from being destroyed, is a teaching of
destroying the stripes/marks, and hence a teaching of erasing the
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