Ex Parte ITO et al - Page 7




          Appeal No. 2002-1056                                                        
          Application No. 08/772,888                                                  


          appealed independent claims requires the recording of image data            
          having a relatively large amount of data in an outer peripheral             
          region of a disk “... in order to decrease random storage of                
          image data having relatively large amounts of data and reduce               
          access time of said image data....” In addressing this language,            
          the Examiner offers an interpretation of the claim language “said           
          image data” as encompassing all of the image data input into the            
          recording system including image data which would otherwise be              
          stored totally in the inner regions of a disk.  Under this                  
          interpretation, the Examiner asserts (Answer, pages 12 and 13)              
          that Birk reduces access time since this data, otherwise totally            
          stored on the slower access time disk inner region, is                      
          partitioned and portions are stored on the faster access time               
          outer disk regions.                                                         
               It is our view, however, that no basis exists for the claim            
          language interpretation articulated in the Examiner’s Answer.  We           
          do not dispute the Examiner’s interpretation of the track pairing           
          storage technique of Birk which concludes that access time would            
          be reduced for image data that would otherwise be totally stored            





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