Appeal No. 2005-2320
Application 09/778,895
Claims 1, 3 through 5, 7 through 11 and 13 stand rejected
under 35 U.S.C. § 102(e) as being anticipated by Matsumoto.
Claims 2, 6, 12 and 14 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Matsumoto.
Reference is made to the briefs and the answer for the
respective positions of the appellant and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the anticipation rejection of claims 1, 3
through 5, 7 through 11 and 13, and reverse the obviousness
rejection of claims 2, 6, 12 and 14.
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital data Systems, Inc, 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir.); cert dismissed, 468 U.S. 1228
(1984).
Matsumoto uses copy control information (i.e., CCI and a
watermark) to prevent the unauthorized copying of disks (column
2, lines 28 through 50). Matsumoto discloses the use of a single
decoder 25 which can be located either before or after the CCI
unit 28 and the watermark unit 27 (Figure 3; column 9, lines 7
through 15). If the decoder is located before the CCI unit and
3
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