Ex parte SAIKI et al. - Page 5




              Appeal No. 2000-0373                                                                                            
              Application No. 08/450,245                                                                                      

              teachings of Noguchi to include the teachings of Kondo, the “motivation being to provide a                      
              data transmitting apparatus which can correct errors as set forth in col. 2, lines 34-47 of                     
              Kondo” [answer-page 4].                                                                                         
                      We agree with appellants that the examiner appears to be relying on impermissible                       
              hindsight in reaching the conclusion of obviousness of the claimed subject matter.                              
                      Noguchi and Kondo do describe the interleaving of data.  However, as explained by                       
              appellants, at page 8 of the principal brief, Noguchi’s interleaving circuit is at a different                  
              location and used for a different purpose than appellants’.  Noguchi employs the                                
              interleaving circuit for storing and retrieving input audio data between signal processor 25                    
              and memory 26.  It would also appear that Noguchi uses a serial, single data signal line,                       
              rather than a plurality of lines, between the signal processor 25 and the recording heads.                      
                      Kondo’s head interleave circuit 12 generates six channels of record data and                            
              supplies each channel of the record data through a respective recording amplifier 13, to a                      
              respective one of six heads H1-H6.  Kondo’s arrangement is directed to making error                             
              correction easier.                                                                                              






                      The question becomes, what would have led the skilled artisan, from these                               
              somewhat disparate teachings, to have looked to the error correction circuitry of Kondo for                     

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