Ex parte ASHBY et al. - Page 2




          Appeal No. 96-0308                                                          
          Application No. 07/854,192                                                  


               Appellants’ Claim 1 is reproduced as follows:                          
                         1.   An instructional apparatus, comprising:                 
                              a label adapted for being releasibly secured            
                         to a product; and                                            
                              means for repetitively and reusably recording           
                         a vocal message into said label indicative of an             
                         identifiable characteristic associated with said             
                         product.                                                     
               The Examiner’s Answer lists the following prior art:                   
          Dittakavi                          4,602,152      Jul. 22, 1986             
          Kondo                              4,791,741      Dec. 20, 1988             
          Tarlow et al.(PCT application)     WO 88/10489    Dec. 29, 1988             


                                       OPINION                                        
               This appeal involves three separate rejections applicable              
          respectively to Claims 1-18, Claims 19-21, and Claim 22.  The               
          three rejections are addressed separately below.                            
          Claims 1-18                                                                 
               Claims 1-18 stand rejected under 35 U.S.C. § 103 as                    
          unpatentable over Tarlow in view of Kondo.  Claims 2-14 stand or            
          fall with Claim 1 and Claims 16-18 stand or fall with Claim 15.             
          Appeal Brief at 6, lines 3-5.                                               
               The Examiner finds that Tarlow teaches the invention recited           
          in Claims 1 and 15 except for the means for repeatedly and                  

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