Appeal No. 96-3810
Application No. 08/207,801
thereof, and therefore fit nicely into spaces that are
integral multiples of
half hours, music does not have the same predictability of
length. Therefore, it would not have been obvious to one of
ordinary skill in the art to divide the unrecorded space for
maximizing the number of pieces that can be recorded. In
addition, since Ando calculates the lengths of the various
spaces and selects the spaces according to which one most
closely matches the size of the musical work to be recorded,
it would have been counterintuitive to divide the space into
fixed length units as proposed by the examiner.
Lastly, the examiner further has failed to establish a
prima facie case of obviousness, since the examiner has not
accounted for every limitation in the claim. The last step of
claim 1 requires "recording position data of each recorded
data and each unit data area on said time table area." Since
the claim specifies that the steps are to be done
sequentially, the recordation of both the position data of the
recorded work and the unit data area must be done after the
unused data area is divided into units. Furthermore, each
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