Appeal No. 96-3810
Application No. 08/207,801
for future recording. In view of this example of Strubbe, the
examiner concludes that it would have been obvious to modify
the method of Ando by dividing the available recording space
into a plurality of user specified fixed length units "to
maximize the number of 'programs' that can be recorded, at
various times, on a disk." (Answer page 5)
First, the examiner has not explained how a video
cassette recording method is analogous to the invention and
the optical disc recording method of Ando, and we fail to see
how it is, as the two recording methods are very different.
Therefore, we find that the video cassette recording method of
Strubbe is not properly combinable with the optical disc
recording method of Ando. It seems that the examiner might
have made a better case
by taking Ando with Nakajima (an apparatus for recording
signals
on an optical disc), but that combination is not before us.
Second, in rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
5
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