Ex parte OGURO et al. - Page 9




          Appeal No. 1997-2857                                                        
          Application 08/171,175                                                      


          skilled in the art would not recognize in an applicant’s                    
          disclosure a description of the invention defined by the                    
          claims.  Wertheim, 541 F.2d at 265, 191 USPQ at 98.  After                  
          reviewing the arguments of record, however, it is our opinion               
          that the Examiner has not provided sufficient reasons or                    
          evidence to satisfy such burden.                                            
               The Examiner asserts (Answer, pages 4 and 5) a lack of                 
          description of the recording of an absolute track address                   
          signal on a tape at a position which precedes the                           
          predetermined absolute track address position.  It is our                   
          view, however, that a review of Appellants’ specification                   
          would reveal to the skilled artisan that such a recording of                
          absolute track addresses is taking place.  As pointed out by                
          Appellants (Brief, page 9), the specification at page 37,                   
          lines 16-22 discloses that absolute track addresses are                     
          recorded in subcode areas of each track along the tape to                   
          define tape areas such as the recording servo actuating area R              
          and the invalid data recording area S illustrated in Figure                 
          25.  Further, as described at pages 34 and 35 of Appellants’                
          specification with reference to the Figure 25 embodiment, the               


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