Ex parte TAGIRI - Page 3




          Appeal No. 95-4167                                                          
          Application 07/934,316                                                      

                    The examiner concedes that the admitted prior art fails           
          to disclose a tape feed suspension detection circuit, but says              
          that Narita discloses a tape feed suspension detection circuit              
          that can stop the playback after detecting an abnormal condition.           
          The examiner states that it would have been obvious to provide              
          the admitted prior art with a tape feed suspension detection                
          circuit as taught by Narita to protect the tape drive from an               
          abnormal condition and save power.  Examiner’s Answer at 5.                 
                    Appellant argues that Narita only teaches stopping the            
          playback entirely, not setting the playback mode.  Appeal Brief             
          at 19-20.                                                                   
                    We agree with appellant.                                          
                    The examiner’s rationale results in incorporating a               
          tape feed suspension detection circuit into a video tape stop               
          decision circuit, not into a video tape playback mode decision              
          circuit as recited.  The claimed invention employs a suspension             
          detection circuit in a circuit for selecting among different                
          (non-zero) playback speeds.  The examiner provides no rationale             
          for the obviousness of such an arrangement.                                 
                    Therefore, the rejection of claim 8 for obviousness is            
          not sustained.                                                              



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