Ex parte YAMAGATA - Page 4




          Appeal No. 97-3642                                                           
          Application 08/364,519                                                       

          on the recording medium.  We adopt the same construction for                 
          the term.  Furthermore, according to the claim, such number of               
          consecutively vacant tracks does not represent the total                     
          number of unrecorded or vacant blocks remaining on the medium.               
               Hashimoto is the only reference the examiner relied on                  
          for a suggestion that the number of pictures continuously                    
          recordable should be detected and then displayed.  Even                      
          according to the examiner, however, Hashimoto does not                       
          expressly teach counting the number of consecutively vacant                  
          tracks on a given recording medium and displaying that number                
          when the continuous recording mode is selected.  The examiner                
          first (answer at page 5) points to one section of Hashimoto                  
          (column 1, lines 31-45) and explains that according to                       
          Hashimoto, if the next vacant recording tracks are not                       
          contiguous, there can be a significant delay in locating a                   
          blank track.  We agree with that assessment of Hashimoto.  The               
          examiner then points (answer at page 5) to another portion of                
          Hashimoto which supposedly suggests keeping track of the                     
          number of next consecutive vacant tracks.  We disagree with                  
          that part of the examiner’s analysis.                                        
               In column 1, lines 31-51 of Hashimoto, the following is                 

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