Appeal No. 96-4202
Application 08/033,181
interpretation of the teachings of those references does not
comport with the examiner's interpretation.
We have reviewed the examiner's arguments at pages 7-8
of the principal answer, regarding the "recording order of data"
and we are in agreement with appellant, at page 7 of the
principal brief, that the examiner
has confused the physical order of
recorded data as it appears on magnetic
recording tape as shown in FIG. 5 of
Takahashi et al. (either '765 or '111
[sic, '116]) with the claimed
"information indicating the order of
recording."
While Sako is directed to a disc, the Takahashi
references relate to storing and reproducing data on and from a
magnetic tape. Therefore, since there is no lead-in section of a
disc in the Takahashi references, because there is no disc at
all, there can be no "recording state information," indicative of
whether to inhibit reproduction of a recorded encoded set of
data, recorded onto the lead-in section of a disc.
Further, we do not find a controller in the references
(identified, by the examiner, as element 37 in Sako and elements
25-28 in Takahashi '765) which retains information indicating the
order of recording while changing the reproduction information on
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