Ex parte NAKAMARU et al. - Page 10




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

               output a reproduced music signal.  The writing clock                   
               signal w generated by decoder 31 is incapable of                       
               affecting the reproduction sequence of the music                       
               information and, thus, the output of the reproduced                    
               music signal, since the writing clock w is never                       
               applied to the elements in the generating path of the                  
               left and right audio signals.  It should be noted and                  
               page 24, lines 3 and 4, specifically indicate that                     
               music information refers to audio data.                                
               The read signal r also is incapable of affecting the                   
          reproduction sequence of reproduced music information from the              
          music information reproduction means, because it, like the write            
          signal w, is also not applied to the elements in the generating             
          path of the left and right audio signals.  The read signal r is             
          also not derived from control information on the information                
          recording medium.                                                           
               The appellants are correct that in the European '073                   
          reference the reproduction sequence of the musical information              
          produced by the musical information reproduction means is                   
          unaffected by the clock signal w and that the read clock r is not           
          a clock signal produced by a control information reproduction               
          means which decodes the recorded control information.  The                  
          appellants are also correct (Br. at 20) that even assuming that             
          the encoded MIDI signal in the European '073 reference can                  
          constitute the appellants' reproduced music signal, the writing             
          clock w controls the rate of operation of memory controller 33,             


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