Appeal No. 97-3642
Application 08/364,519
medium, the number of unrecording blocks not
corresponding to the pictures continuously
recordable on the recording medium; and
means for displaying the number of pictures
continuously recordable when said switching means is
switched to said continuous recording mode.
Opinion
The rejection of claims 15-17, 19-21, and 36-39 cannot be
sustained.
A reversal of the rejection on appeal should not be
construed as an affirmative indication that the appellants’
claims are patentable over prior art. We address only the
positions and rationale as set forth by the examiner and on
which the examiner’s rejection of the claims on appeal is
based.
Claim 36 requires a detecting means for detecting a
number of pictures continuously recordable on the recording
medium, and that the number of unrecorded blocks does not
correspond to the pictures continuously recordable on the
recording medium. Claim 15 has a similar requirement. It
appears that in light of the appellant’s specification, both
the examiner and the appellant agree that the claim term
“continuously recordable” requires consecutively vacant tracks
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