Ex parte OGURO et al. - Page 10




          Appeal No. 1997-2857                                                        
          Application 08/171,175                                                      


          recording process, which includes the recording of absolute                 
          track addresses, begins at a distance L from the tape top with              
          such recording.  The recording of audio and video signals,                  
          however, is prohibited until the end of the area S or at a                  
          distance Le from the tape top, i.e. after the predetermined                 
          absolute track address position (Specification, page 35, lines              
          5-22).  In our view, therefore, it logically follows that                   
          absolute track addresses are recorded at a position on the                  
          tape that precedes the predetermined absolute track address.                
          It is our conclusion that, under the factual situation                      
          presented in the present case, Appellants have satisfied the                
          statutory written description requirement because they were                 
          clearly in possession of the invention at the time of filing                
          of the application.  Therefore, we do not sustain the                       
          rejection of claims 1-5 under the first paragraph of 35 U.S.C.              
          § 112.                                                                      
               Turning to a consideration of the 35 U.S.C. § 112, second              
          paragraph, rejection of claims 1-5, we note that the general                
          rule is that a claim must set out and circumscribe a                        
          particular area with a reasonable degree of precision and                   


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