Ex parte NAKAMARU et al. - Page 9

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

          regard elements 30, 31 and 32 of the European '073 reference as             
          the appellants' claimed music information reproduction means.               
          Also, on this record, the examiner has not identified anything in           
          the European '073 reference sufficient to constitute the                    
          appellants' claimed control information reproduction means, if              
          elements 30, 31 and 32 of the European '073 reference were                  
          regarded as the music information reproduction means.  Also, in             
          our view, in the context of the European '073 reference, a                  
          corresponding music information reproduction means would have to            
          comprise the series of components leading down the other path               
          from demodulation circuit 10, i.e., elements 20-25 or a                     
          subcombination thereof (Figure 3), and not the processing path              
          containing elements 30, 31 and 32.                                          
               With respect to claim 1, the European '073 reference does              
          not disclose any part which controls a reproduction sequence of             
          the music information from the music information reproduction               
          means.  The appellants correctly state (Br. at 19-20):                      
               The EP '073 patent does not disclose control means for                 
               controlling the reproduction sequence of music                         
               information in accordance with the clock signal.  The                  
               writing clock w is alleged to be the control                           
               information produced by control reproduction means 31                  
               and applied to controller 33.  However, the writing                    
               clock signal w merely controls the timing at which MIDI                
               data generated in decoder 31 is written to memory 32.                  
               Elements 20-25 of the EP '073 patent perform the                       
               function of decoding the encoded music information to                  


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