Appeal No. 1997-2941
Application 08/165,318
portion, and a doubly written parameter (specification,
page 8). The specification further admits that the ATRAC
(adaptive transform acoustic coding) system was utilized for
the compression of digital audio data recorded on the digital
audio data recording portion in the SDDS recording system
(specification, pages 9-11) and that the most important coding
parameters are doubly written in the ATRAC system
(specification, page 13). It is not known why the Examiner
did not rely on this admitted prior art (APA). Nevertheless,
the APA indicates that there is still a problem in that when
the parameter and doubly written parameter are recorded in the
same recording area, both parameters can be destroyed by a
scratch and the information needed for decoding and
decompressing the data is lost. The invention and claimed
subject matter is directed to recording the doubly written
parameter in a different digital audio data recording area
than the parameter. This limitation is not shown or suggested
by either Kohut or Fujiwara. Accordingly, the Examiner has
failed to establish a prima facie case of obviousness. The
rejections of claims 1, 7, 9, and 11 over the combination of
Kohut and Fujiwara are reversed.
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