Ex parte KROON - Page 4




              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                                  




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