Appeal No. 97-3642
Application 08/364,519
Hashimoto is concerned with the problem of not knowing
the number of vacant tracks that remains on a disk, whether
consecutive or not. Hashimoto, therefore, counts the number
of total vacant tracks remaining on the medium and does not
ascertain the number of next consecutively vacant tracks. The
examiner has not demonstrated the existence of any motivation
reasonably derivable from Hashimoto for ascertaining the
number
of next consecutively vacant tracks if they do not also
represent
the total number of vacant tracks remaining. Based on
Hashimoto, it cannot be said that knowing the number of next
consecutively vacant tracks, which number does not represent
the total number of vacant tracks remaining, is desirable.
The appearance of the words “consecutively vacant tracks” in
Hashimoto does not alone provide the necessary motivation. On
this record, the motivation relied on by the examiner stems
improperly from the appellant’s own specification.
For the foregoing reasons, the rejection of claims 15-17,
19-21, and 36-39 cannot be sustained.
Conclusion
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