Appeal No. 2004-0779
Application No. 09/790,185 Page 11
[T]he ability of having address information as part of
any track format is also considered well known and if
not inherent in Oshima et al certain[ly] obvious over
such well known formatting techniques.
We reverse the rejection of claims 2-4 because the examiner
has not shown the obviousness of making the recording layer
rewritable in Oshima, nor has the examiner shown that it would
have been obvious to make the identification mark erasable.
Satoh and Aoki fail to make up for these basic deficiencies of
Oshima with respect to claim 1, from which claims 2-4 depend. In
addition, of note is that although we agree with the examiner
that Satoh teaches that it is old and well known that tracks can
be in the form of spiral or concentric grooves, claim 2 requires
more. The claim additionally recites that the spiral groove is
interrupted in at least one location. We fail to find any
teaching of this limitation, which the examiner has failed to
address, and which has been argued by appellants. Accordingly,
from all of the above, the rejection of claims 2-4 under 35
U.S.C. § 103(a) is reversed.
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