Ex parte KONO - Page 6




          Appeal No. 95-3908                                                          
          Application No. 07/890,350                                                  

          Hattori for such a teaching, we agree with appellant that                   
          Hattori appears to be directed to prerecorded CDs which are                 
          used only for playback and not to a mass storage memory on                  
          which data may be recorded.  Now, we might agree with the                   
          examiner that the limitation is so broadly recited in the                   
          claim that “recording” could include the information that was               
          originally prerecorded on the disk.  However, previously in                 
          the claim, it was recited that the storage capacity of the                  
          mass storage memory means is “capable of handling concurrently              
          recording and access of both display and audio data.”  This                 
          would seem to strongly imply that the “recording” of claim 1                
          does not refer to prerecorded information but, rather, to data              
          which is recorded on the mass storage memory means when using               
          the claimed apparatus.                                                      
               Thus, we will not sustain the rejection of claims 1 and                
          19 under 35 U.S.C. § 103.  Further, since claims 7, 8, 20 and               
          21 depend from claim 1 and we find that Washizuka does not                  
          provide for the deficiencies noted supra with regard to claim               
          1, we also will not sustain the rejection of these claims                   
          under 35 U.S.C.                                                             
          § 103.                                                                      

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