Appeal No. 96-0209
Application 07/922,501
delay means for delaying the reproduced music signal in
accordance with a clock signal from the control information
reproduction means. Independent claim 8 requires a controllable
storage means for storing the reproduced music signal in
accordance with a clock signal from the control information
reproduction means.
The appellants' specification, however, describes no
embodiment in which the reproduced music signal, i.e., an output
of the audio data decode circuit 24, is stored anywhere or
otherwise delayed. According to the specification, that which is
stored or delayed is the output of RF System Amplifier 21 (see
Figures 4A and 4B), which is not the music signal from the music
information reproduction means.
"Failure to describe adequately the necessary, structure,
material, or acts in the written description means that the
drafter [of claims] has failed to comply with the mandate of
§ 112 ¶ 2 -- (2)(a) in the model above -- the mandate that all
claims must particularly point out and distinctly claim the
subject matter which the applicant regards as his invention."
In re Dossel, 115 F.3d 942, 42 USPQ2d at 1881-1884 (Fed. Cir.
1997). In Dossel, 115 F.3d, 942, 42 USPQ2d at 1884-1885, quoting
In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994),
-17-
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