Appeal No. 1997-3977
Application No. 08/267,579
al. clearly discloses the structure for displaying a memory
fill level responsive to a monitored memory fill level."
The examiner's reliance on Wakabayashi appears to be as
evidence that displaying monitored information is notoriously
well-known. However, merely that it is "notoriously well-
known to display ... monitored recording/reproducing aspects"
does not explain why it would have been obvious to display the
particular monitored aspect as claimed in the device of the
primary reference. The claims require that the amount of
digital data stored in the memory means be displayed. In Roth
the relevant memory capacity is monitored for the computer to
control the recording process. The user has no need to view
such information absent that disclosed by appellants.
Therefore, that it is notoriously well-known to display
monitored information is insufficient motivation to modify
Roth. Further, as Wakabayashi is directed to a timepiece,
Wakabayashi fails to provide evidence that such monitoring is
notoriously well-known in the recording/reproducing arts.
Assuming that the examiner intended to combine the
display of Wakabayashi with Roth's device, appellants argue
(Brief, pages 6-10) that there is no motivation to combine
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