Appeal No. 2000-2111
Application No. 08/860,537
Nagasawa, is to conceal the errors that could not be corrected so
that the recovered data is restored to a form closest to the
original data (col. 15, lines 6-12).
Assuming, arguendo, that it would have been obvious to
utilize the recording control means of Hasegawa in Nagasawa’s
recording and reproducing apparatus, as held by the Examiner, the
combination of references would still not disclose the error
detecting means and the data selecting means for selecting each
recorded data having the smallest error. Accordingly, since the
Examiner has failed to establish a prima facie case of
obviousness, the 35 U.S.C. § 103 rejection of independent claim 8
and claims 9 through 11, dependant therefrom, cannot be
sustained.
CONCLUSION
In view of the foregoing, the decision of the Examiner
rejecting claims 1 and 2 under 35 U.S.C. § 102 is affirmed. The
decision of the Examiner rejecting claims 8 through 11 under 35
U.S.C. § 103 is reversed.
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