Ex parte NAKAMARU et al. - Page 8

          Appeal No. 96-0209                                                          
          Application 07/922,501                                                      

          Memory 32 stores decoded subcode MIDI data supplied from decoder            
          31, and outputs the same with an adjustable or variable interval            
          between data items to change subsequent reproduction speed                  
          (column 8, lines 26-38).  Memory 32 does not output an already              
          decoded audio signal introducible to a digital/analog converter.            
          Instead, further processing within some other musical instrument            
          is necessary to convert the MIDI signal to an audio output.                 
               Moreover, if elements 30, 31 and 32 of the European '073               
          reference constitute the music information reproduction means,              
          nothing can then seem to constitute the claimed control                     
          information reproduction means.  The examiner has not explained             
          where in the European '073 reference is a control information               
          decoder circuit which receives input from an audio data decoder             
          circuit as in the case of the appellants' control information               
          reproduction means, or an equivalent thereof.  Interface unit 35            
          does not appear to be such a control information decoder circuit            
          but merely consists of a transmitter and a line driver (column 7,           
          lines 4-9).                                                                 
               Accordingly, we find unreasonable the examiner's position              
          that an encoded MIDI signal can be the reproduced "musical                  
          signal" from the music information reproduction means.  On this             
          record, the examiner has not established sufficient basis to                


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