Appeal No. 1999-2379
Application 08/716,061
Anticipation
Appellant argues (Br11) that Takeuchi does not teach
the following limitation of claim 1:
record list creating means for adding the record
information of the non-recorded commercial material to
the record list so as to automatically create a new
record list when said detecting means has detected the
non-recorded commercial material, said new record list
containing the record information of the commercial
material stored in said commercial material
recording/storing means and further containing the
record information of the non-recorded commercial
material.
Appellant believes that Takeuchi's "control data and order
list data p3" corresponds to Appellant's "record list"
(Br10; RBr2). It is argued that the record information of
the non-recorded commercial material is not added to
Takeuchi's order list data p3 (Br11; RBr3) and, contrary to
the Examiner's assertion, no list of non-recorded commercial
material is created (Br11).
We disagree with the argument that no list of
non-recorded commercial material is created. Takeuchi
discloses (col. 5, lines 28-50):
Video and audio signals av of the material
reproduced by the cart machine 5 are supplied to the
recorder/reproducers 6a, 6b, ..., 6n. Any one of the
recorder/reproducers 6a, 6b, ..., 6n records the
supplied video and audio signals av if data indicative
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