Ex parte KONDO et al. - Page 4




          Appeal No. 96-3810                                                          
          Application No. 08/207,801                                                  


               Ando discloses a disk recording and reproducing                        
          apparatus.  As the examiner states (Answer, page 4), Ando                   
          "comprises means for seeking a particular position on a disk,               
          reproducing information from the disk, recording data in a                  
          data area on the disk, and recording a table of contents (TOC)              
          in a separate 'lead-in' area on the disk."  As the examiner                 
          further explains, after TOC information is recorded for music               
          data that has already been recorded, Ando determines the                    
          remaining available space on the disk by reading the position               
          data for the recorded data and                                              
          calculating the space that is left.  The examiner concludes                 
          that                                                                        
          Ando "lacks the teaching that the 'remaining time' or                       
          'remaining data area' is divided into a plurality of equally                
          sized spaces and the size of the plurality of spaces can be                 
          set."                                                                       
               The examiner turns to Strubbe for dividing unrecorded                  
          space into a plurality of units.  Strubbe is directed to                    
          integrated control for a television receiver and a video                    
          cassette recorder.  Strubbe includes an example in which the                
          blank space of a video tape is divided into half hour blocks                
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