Ex parte YAMAGATA - Page 6




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

          next consecutively vacant tracks, or (2)  the desirability of                
          knowing the current number of consecutively vacant tracks as                 
          the recording apparatus is operating.                                        
               The examiner has ignored the significance of the word                   
          “remain” in the phrase “and only four consecutively vacant                   
          tracks remain.”  We understand the above-quoted text of                      
          Hashiomoto to                                                                
          mean that if a signal requires five or six tracks to record                  
          and it is not until the end that one finds out there are not                 
          enough vacant tracks (since there are only four consecutive                  
          tracks remaining), then an opportunity to record a signal                    
          requiring only four or less tracks would have been wasted.                   
               The word “consecutively” is used in the second of the                   
          above-quoted paragraphs of Hashimoto before the words “vacant                
          tracks” not because of any requirement that consecutive tracks               
          must be used to record a signal requiring multiple tracks, but               
          to distinguish the scenario from the other set of problems,                  
          mentioned in the first of the above-quoted paragraphs, which                 
          is  associated with vacant tracks that are interspersed on the               
          medium, i.e., delay in shifting the recording head.                          



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