Ex parte OGAWA et al. - Page 12




          Appeal No. 1999-0264                                                        
          Application No. 08/573,582                                                  


          capability that is "useful in a system that performs erased                 
          sector management where sectors are pre-erased during times of              
          low user activity, thus enabling better write transfer rates."              
          We presume that the better write transfer rates contemplated                
          by Saldanha result from the fact that overwriting MO media                  
          takes more time than initial writes to MO media. This                       
          disadvantage is not shared by tape drives, such as disclosed                
          in Nakajima, or hard disk drives, such as the instant                       
          invention; thus, the person having ordinary skill in the art                
          would not have been led by Saldanha's expressed improvement in              
          write transfer rates to make the proposed combination.  The                 
          Examiner cites (column 3, lines 7-9) of Kobayashi as further                
          motivation to make the proposed combination: Kobayashi                      
          discloses here "a write operation control method capable of                 
          writing information efficiently in a rotating type recording                
          medium."  Assuming arguendo that Kobayashi's use of a                       
          microprocessor to interrogate whether an incoming write                     
          instruction is an initial write or an update write, and to                  
          inhibit data recording when an initial write is requested in a              
          data field that has previously been written, promotes the                   


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