Appeal No. 1995-1052 Application No. 07/944,562 during the vertical blanking period in parallel with the recording of the RF signal. The examiner maintains that the recorded RF signal may comprise a first information piece recorded on a first track portion which is located between segments of a second piece of information which is recorded within separate track portions adjoining the first track portion. (See answer at page 4.) We disagree with the examiner. Here, the examiner has relied upon no teaching in Hashimoto to teach the invention as recited in claim 10. Therefore, we cannot sustain the rejection of claim 10 under 35 U.S.C. § 102. 35 U.S.C. § 102 or 103 The examiner maintains that the recording medium of appellant is the same as that taught by Roth, namely the permanent representation of the information stored thereon. (See answer at page 3.) The examiner maintains that the claimed information content on the record medium does not make a new record medium and the information is not functionally related to the record medium (citing In re Gulack, 703 F2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983)). (See answer at pages 3 and 6.) We disagree with the examiner. In our view, the storage of the time synchronous data in a specific organization on the medium with the recorded control information indicative of the locations of the adjoining track portions is more than merely stored nonfunctional data. This interrelated and organized data with its control 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007