Ex parte NAKAMARU et al. - Page 12




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

          generated by the control information reproduction means.  We have           
          already determined above that elements 30, 31 and 32 cannot                 
          reasonably be considered a corresponding music information                  
          reproduction means.  Thus, the write clock signal w is not                  
          applied to a point along or following the generating path of the            
          music signal produced by the music information reproduction                 
          means.  The reproduced music signal in the European '073                    
          reference is not delayed according to any clock signal from the             
          control information reproduction means.  We recognize no delay in           
          the generating path of the left and right channel audio signals.            
               Claims 10, 11 and 15 each depends directly from claim 8.               
          Claim 12 depends directly from claim 1.  Claim 13 depends                   
          directly from claim 13.  Claim 14 depends directly from claim 6.            
          Because the European '073 reference does not anticipate any of              
          independent claims 1, 4, 6 and 8, it also cannot anticipate the             
          claims which depend from independent claims 1, 4, 6 and 8.                  
               For the foregoing reasons, the European '073 reference does            
          not anticipate claims 1, 4, 6, 8 and 10-15.                                 
          The rejection of claim 2 under                                              
          35 U.S.C.  103 as being unpatentable                                       
          over the European '073 reference and Otsubo                                 
               We do not sustain the rejection of claim 2 as being                    
          unpatentable over the European '073 reference and Otsubo.                   

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