Ex Parte TSUKIHASHI - Page 10



         Appeal No. 2004-0507                                                       
         Application No. 09/476,862                                                 

         which synchronization is being performed.  We find this                    
         particular synchronization feature, i.e., synchronizing by the             
         use of reproduced data to obtain a reproduction clock, not taught          
         or suggested by either of the applied Shinada and Landry                   
         references.  Accordingly, for the reasons discussed above, since           
         the Examiner has not established a prima facie case of                     
         obviousness, the 35 U.S.C. § 103(a) rejection of claims 3-6 and            
         9-12 is not sustained.                                                     
              In summary, with respect to the Examiner’s 35 U.S.C.                  
         § 103(a) rejection of appealed claims 3-12, we have sustained the          
         rejection of claims 7 and 8, but have not sustained the rejection          
         of claims 3-6 and 9-12.  Therefore, the Examiner’s decision                
         rejecting claims 3-12 is affirmed-in-part.                                 












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