Ex parte KIM - Page 4




          Appeal No. 95-4553                                         Page 4           
          Application No. 08/057,548                                                  
               Other decks [may be] unlocked by a user with a level 1                 
               password (a "tape changer") to allow full tape or tapes                
               which have a guard tone failure to be changed.                         
                    4. Any record deck in RERECORD is locked for all                  
               password levels except level 4 (the service level).                    
               (RERECORD is a function wherein the contents of one                    
               channel of a selected tape are rerecorded onto an                      
               auxiliary recording device.)                                           
                    5. If logger 10 is in use by a remote                             
               controller, all bays are disabled and locked.                          
                    A key operated mechanical linkage 92 is provided                  
               to mechanically override spring 84 and withdraw                        
               bolt 82 in the event of a system failure.                              
          (6:50-7:13.)                                                                
                                     DISCUSSION                                       
               Anticipation                                                           
               To anticipate a claim, a prior art reference must, either              
          expressly or inherently, disclose each and every limitation in              
          the claim.  Verdegaal Bros. v. Union Oil Co., 814 F.2d 628,                 
          631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987).  According to the                
          examiner,                                                                   
               Sander teaches in column 6 step 2 (rules that govern                   
               the operation of the device) that if no password is                    
               entered all decks are disabled and locked.  These                      
               passwords are entered through keys (column 8 lines                     
               30-33).  Therefor[e], if no keys have been pressed                     
               then the decks are disabled and locked.  Since the                     
               decks are locked after it has been determined,                         
               i.e.[,] judged, that the keys have not been pressed                    
               then a delay[,] i.e.[,] a predetermined period of                      
               time must be present.  Clearly a time period must                      







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