Appeal No. 1998-2518
Application No. 08/442,835
start of a program for playback of the program. The examiner
concludes (Answer, page 4) that it would have been obvious to
include the markers of Lewis in Kosaka's device "to quickly
locate a program that is record [sic] on the tape."
The examiner recognizes (Answer, page 4) that the
combination of Kosaka and Lewis still does not include using
the markers for avoiding overwriting during editing. The
examiner turns to Strubbe in which a position on a tape is
designated for recording a program depending on the amount of
available space. The examiner asserts (Answer, page 5) that
it would have been obvious "to provide the above combination
with the program recording means of Strubbe et al. in order to
record more programs on to the tape."
Appellants argue (Brief, page 13) that the start markers
of Lewis are used to locate the exact position of the
beginning of a recorded program when reproducing the program.
Appellants assert (Brief, page 13) that there is no suggestion
in Lewis to use the start markers during recording. Further,
Strubbe is concerned with finding a block of available space
on a magnetic tape to record a television program. In
Strubbe's device, information concerning the contents of a
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