Appeal No. 95-3091
Application 08/093,311
The appellant argues that neither Yoshimura nor
McCullough contains any teaching "of varying the error
correction code [number of bits therein] according to the
track address at which the data is to be recorded" (Br. at
13). The independent claim, however, does not actually
require the number of bits in the error correction code to be
varied. The independent claim requires only that the
selection of the number of bits be based on the track address.
Thus, the appellant’s argument is more appropriately regarded
as this: As far as the applied prior art is concerned, the
number of bits in the error correction code is not selected
based on the track address of the location of the data to be
stored. In our view, this argument has merit.
Yoshimura discloses a digital signal recording appa-
ratus including an error-correction-code adding circuit for
adding an error correction code to the data to be written to
the recording medium, a videotape. The examiner acknowledges
that Yoshimura does not disclose the claimed selection signal
generating circuit as is recited in claim 1 (answer at 4).
The appellant correctly points out (Br. at 7) that
Yoshimura does not describe the number of bits used in the
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