Ex parte YOKOTA - Page 6




          Appeal No. 1998-2605                                                        
          Application 08/278,612                                                      


          Sakai in view of Takahashi fail to teach or suggest                         
          recording any data in a TOC or elsewhere which would                        
          either permit or inhibit recording data of any kind                         
          and, more importantly, recording data in a management                       
          area which would inhibit a reproducing or recording of                      
          the video data when only the audio data are to be                           
          recorded in or reproduced from the recording area.                          
          Sakai's and Takahashi's control codes neither permit                        
          nor inhibit recording at all and only designate the                         
          type of segment which can be selected, by means of a                        
          switch, for exclusive reproduction.  Sakai in view of                       
          Takahashi do not prevent an exclusively audio recording                     
          apparatus from mistakenly recording over a video only                       
          recorded section of the disc, as does the present                           
          invention.                                                                  
          In accordance with the teachings of the secondary                           
          reference to Takahashi, the respective audio only, video only,              
          or audio and video reproduction modes are respectively                      
          determined by the switches 101 through 103 as a part of the                 
          keyboard 60 in Figure 1 as noted at column 2, lines 59 through              
          62 and column 4, lines 58 through 60.  Again, from our study                
          of Takahashi, we agree with appellant's views expressed in the              
          paragraph bridging pages 4 and 5 of the reply brief as                      
          reproduced here:                                                            
          Therefore, the system controller 40 of Takahashi does                       
          not use the stored track number to identify whether or                      
          not a "second management data" is present because (1)                       
          in Takahashi there are only one set of control codes                        
          for the audio data (whether or not it is associated                         
          with video data) and no additional control codes                            
          ("second management data") for the video data and (2)                       
          the inhibition of reproducing the video data is                             
          determined by the mode setting switches 101-103, not by                     




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