Ex parte TEPPEI YOKOTA - Page 6




          Appeal No. 96-4202                                                          
          Application 08/033,181                                                      

          the lead-in section of the disc to indicate inhibition or non-              
          inhibition of reproduction of sets of recorded encoded data.                
                    The examiner argues [principal answer, page 7] that               
          since an unnecessary set of data is masked in Takahashi, but not            
          deleted, the recording order is kept unchanged even when the                
          unnecessary set of data is not to be reproduced.  We agree with             
          this observation.  However, that is no suggestion for the claimed           
          limitation of "retaining the information indicating the order of            
          recording" by the controller which selectively masks or unmasks             
          recorded encoded sets of data by changing the reproduction                  
          information on the lead-in section of a disc to indicate                    
          inhibition or non-inhibition of reproduction of such sets of                
          recorded encoded data.                                                      
                    With regard to Sako, the examiner admits [principal               
          brief, pages 4-5] that the control means in Sako does not                   
          selectively mask and/or unmask unnecessary recorded data by                 
          changing the reproduction information to indicate inhibition or             
          non-inhibition of reproduction of the recorded data as claimed.             
          Since Takahashi '116, as explained supra, also does not disclose            
          or suggest the controller functions, as claimed, the claimed                
          subject matter is not reached even if, somehow, the disc                    



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