Appeal No. 96-3810
Application No. 08/207,801
unit data must be recorded. The examiner asserts (Answer,
page 5) that once the
blank recording space is divided according to Strubbe, "the
TOC of Ando et al. would be updated to include position and
time information for each of the newly designated unit areas
of blank space." However, in Ando the TOC is updated after
the
recordation of additional pieces, to include all works that
are recorded subsequent to the original recording session, but
information for any remaining available space is not recorded.
As the examiner has provided no motivation for changing the
timing for or method of updating the TOC of Ando, he simply
has failed to meet the last limitation of claim 1.
Accordingly, we cannot sustain the rejection of the claim 1.
Further, since the remaining claims stand or fall with claim
1, we must reverse the rejection of claims 2 through 8 as
well.
CONCLUSION
The decision of the examiner rejecting claims 1 through 8
under 35 U.S.C. § 103 is reversed.
REVERSED
8
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