Ex parte NAKAMARU et al. - Page 14

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

               Accordingly, on the examiner's rationale, the European '073            
          reference and Otsubo would not have rendered obvious the subject            
          matter of claim 2.                                                          
          The rejection of claims 3, 5, 7                                             
          and 9 under 35 U.S.C.  103 as                                              
          being unpatentable over the                                                 
          European reference and Yoshio                                               
               Claim 3 depends from claim 1.  Claim 5 depends from claim 4.           
          Claim 7 depends from claim 6.  Claim 9 depends from claim 8.  The           
          dependent claims include all of the recited features of the                 
          claims from which they depend, 35 U.S.C.  112, 4th paragraph.              
          Additionally, they recite that the control information decoded by           
          the control information reproduction means includes lyrics data,            
          control data for an external musical instrument, and retrieval              
          data having names of songs, names of singers, names of lyrics               
          writers, names of composers and genres of songs.                            
               According to the examiner (answer at 4), the European '073             
          reference discloses all of the features of independent claims 1,            
          4, 6 and 8, but not the additional features recited in the                  
          dependent claims concerning the control information's having                
          lyrics data and retrieval data including names of composers.                
          Yoshio is relied on by the examiner to meet the additional                  
          features of the dependent claims.                                           
               We have already determined and explained above that the                


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