Ex Parte EISELE - Page 3




          Appeal No. 2001-1786                                                        
          Application 08/420,796                                                      


          connected to the data processor means, for converting digital               
          data signals from the data processor means into simulated storage           
          media signals to be provided to the storage unit and for                    
          converting received signals from the storage unit into digital              
          data signals for processing by the data processor means.                    
          The examiner relies on the following references:                            
          Berwick et al. (Berwick)      4,504,871          Mar. 12, 1985              
          Hirokawa                      4,672,182          June 09, 1987              
          Francini et al. (Francini)    4,701,601          Oct. 20, 1987              
          Sato et al. (Sato)            4,891,727          Jan. 02, 1990              
          (filed June 15, 1988)                                                       
          Eisele                        5,159,182          Oct. 27, 1992              
          Claims 28, 30-35 and 37-47 stand rejected under the                         
          judicially created doctrine of obviousness-type double patenting            
          over claims 1-11 of Eisele.  Claims 28, 30-35 and 37-47 also                
          stand rejected under 35 U.S.C. § 103.  As evidence of obviousness           
          the examiner offers Hirokawa in view of Sato, Francini and                  
          Berwick.                                                                    
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the brief and the answer for the             
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of obviousness and double patenting relied upon by the examiner             
          as support for the rejections.  We have, likewise, reviewed and             

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