Ex Parte Nelson et al - Page 5

              Appeal 2007-0690                                                                     
              Application 10/224,917                                                               


                    Since we are in full agreement with Appellants’ observations at pages          
              8 and 9 of the Brief as to Jones ‘638, we reproduce them here:                       
                    [A] PMMD [portable mass memory device] of the present teachings is             
                    readily distinguishable from other forms of mass memory device in              
                    that only specific, intentionally selected data editing abilities are          
                    enabled (i.e., configured) therein.  As recited by claim 1, editing such       
                    data can only be performed as : 1) selectively deleting data as discrete       
                    files from the mass memory of the PMMD; and 2) selectively                     
                    arranging data (as discrete files), relative to each other, so that a          
                    desired storage order or sequence is achieved within the mass memory           
                    of the PMMD.  Conversely, a user cannot for example, inadvertently             
                    and/or irreversibly alter the content or characteristics of a particular       
                    electronic file (e.g., a digital photograph, etc.) stored within the mass      
                    memory of a PMMD.  (See at least page 4, lines 25-31; and page 11,             
                    lines 5-15 of the Specification as originally filed).                          
                          A2.  Jones ‘638 (6,438,638) teaches a stand-alone FlashToaster           
                    (80) that allows the copying  of data from one or more types of flash-         
                    memory card (16, 18, 24, 28) onto a removable storage media (76)               
                    such as a CD-R/W, a floppy diskette, etc.  Such copying is performed           
                    from the flash-memory card to the removable media in response to a             
                    single button push (79) (Col. 9, line 41 to col. 10, line 39; and Fig. 9       
                    of Jones ‘638).  In fact Jones ‘638 teaches that the single push button        
                    (79) and a single LED (light emitting diode) (78) constitute the only          
                    user interface provided by the Flash Toaster (80) (Col. 10, lines 27-34        
                    of Jones ‘638).  Jones ‘638 offers no teachings or suggestions as to           
                    any other sort of operation that can be performed by the FlashToaster          
                    (80) in response to a user input via the single push button (79).              
                    Therefore, the copying function just described above is the only such          
                    function that can be performed using the FlashToaster (80) of Jones            
                    ‘638 as a stand-alone entity.                                                  
                          In any case, Jones ‘638 fails to provide, teach or suggest a             
                    portable mass memory device, wherein the device is not enabled to              
                    allow data stored in the mass memory to be edited other than selective         
                    arrangement and deletions of data from the mass memory, as recited             

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