Ex parte NAGASHIMA et al. - Page 3




            Appeal No. 95-3185                                                                          
            Application 08/129,029                                                                      

            Moreover, in the background section of the applicants’                                      
            specification, it is acknowledged that it has been known to                                 
            record digital audio signals in compressed form.  While                                     
            Yamaguchi does not expressly state that the digital audio                                   
            signals on the master disk are in compressed form, it cannot                                
            be reasonably argued that one with ordinary skill in the art                                
            would not have recognized that the stored signals can be in                                 
            compressed form.                                                                            
                  Furthermore, the applicants are estopped from arguing                                 
            that Yamaguchi’s stored signals are not in compressed form.                                 
            In the appeal brief on page 9 and in connection with                                        
            Yamaguchi’s disclosure, the applicants state "conversion of                                 
            the bit compressed data from the [Yamaguchi] master disk to a                               
            form which could be audible to a user, i.e., by decompression,                              
            expansion, etc. requires considerable time as opposed to                                    
            direct recording without decompression and expansion, so that                               
            monitoring the mastering progress would just slow it down for                               
            no good reason."  Thus, the applicants themselves have assumed                              
            that the recorded signals on Yamaguchi’s master disk can be in                              
            compressed form.                                                                            



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