Ex parte DODT et al. - Page 6




               Appeal No. 1998-2017                                                                                              
               Application No. 08/802,216                                                                                        

                      Appellants also argue that “[t]he prior art in the rejection does not teach or suggest                     
               a tape drive which read[s] tapes containing video data and tapes containing computer                              
               data.”  (Brief, page 8.)  We agree.  The teachings of the references are not sufficient to                        
               support the asserted conclusion of obviousness.  Both independent Claim 13 and                                    
               independent Claim 19 require selectively routing data from magnetic tape to computer                              
               means or video means in response to detection of presence or absence of a header on                               
               the magnetic tape.                                                                                                
                      As the examiner points out (Answer, page 5), the Abstract of Moss discloses that                           
               the “nature of an incoming message” is identified by the presence or absence of a header                          
               that has been attached “by a similar device which is transmitting.”  However, in the context                      
               of Moss, “header” refers to information accompanying electronic communications                                    
               transmitted over phone lines -- the “fax and/or digital data” as stated in the Moss Abstract.                     
               Such a “header” is absent in voice communications and fails to trigger the machine-to-                            
               machine protocols disclosed by Moss, so that the apparatus does not interfere with voice                          
               communications.  In any event, the rejection does not explain how the statement in the                            
               Moss Abstract is deemed to support the conclusion of obviousness of the claimed subject                           
               matter.                                                                                                           
                      Moss suggests, at page 2, that RAM 10 (which serves as a bi-directional memory                             
               buffer) may be replaced or expanded with magnetic tape.  We do not agree with                                     
               appellants’ assessment, as set forth on page 10 of the Brief, that this portion of the Moss                       

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