Ex parte TAKIZAWA - Page 4




          Appeal No. 95-3091                                                          
          Application 08/093,311                                                      

          error correction code or imply that codes with different                    
          numbers of bits should be used.  The appellant also correctly               
          notes (Br.   at 7) that because the recording rate does not                 
          vary with position                                                          
          in a tape recording system, in Yoshimura "there is no                       
          variation in the probability of error which is dependent on                 
          the location of the recording address" (as there would be in a              
          disk drive storage system as claimed).  Nothing in Yoshimura                
          would have reasonably suggested the generation of a selection               
          signal based on the                                                         
          location of the track address on a disk, which selection                    
          signal selects the number of bits in the error correction                   
          code.                                                                       


                    The examiner’s reliance on McCullough to show the                 
          feature missing from Yoshimura is also misplaced and without                
          merit.  As is correctly noted by the appellant (Br. at 7-11),               
          McCullough discloses that the number of bits used for the                   
          error-correction-code is 56, or alternatively, 32 (column 22,               
          lines 12-14; column 23, lines 22-29).  The appellant is also                
          correct that the examiner has identified nothing in McCullough              

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