Appeal 2007-0409
Application 10/479,203
persuasive since they are premised on Appellants’ contention that Uchiumi
does not disclose or suggest a phase change type recording media. As noted
above, we find that the Examiner has provided sufficient evidence to
establish that Uchiumi does, in fact, teach a rewritable recording medium.
The rejection is affirmed.
ORDER
The rejection of claim 2 under 35 U.S.C. § 112, first paragraph for
failing to comply with the written description requirement is affirmed.
The rejection of claims 13 and 14 under 35 U.S.C. § 112, second
paragraph, as indefinite is affirmed
The rejection of claims 1, 3-5, 9, 11-12, and 14-16 under 35 U.S.C.
§ 102(b) as anticipated by Uchiumi is affirmed.
The rejection of claims 1-20 under 35 U.S.C. § 103(a) as unpatentable
over Uchiumi in view of Nonaka is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED
sld/ls
MICHAEL E. BELK
US PHILIPS CORPORATION
INTELLECTUAL PROPERTY DEPARTMENT
P.O. BOX 3001
BRIARCLIFF MANOR, NY 10510
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