Ex parte DUNN et al. - Page 4


          Appeal No. 95-2439                                                          
          Application No. 08/080,353                                                  

          recording/reproducing apparatus wherein a switch selects one                
          of a battery and a commercial power source.  As the examiner                
          recognizes, Osafune fails to disclose the claimed third and                 
          fourth modes wherein the power supply is monitored to detect a              
          voltage drop (or voltage increase).  Therefore, the examiner                
          relies on Morimoto.  While the examiner’s explanation of                    
          Morimoto’s disclosure, from the bottom of page 3 to the top of              
          page 4 of the answer, is less than elucidating, Morimoto does               
          disclose monitoring to detect voltage drops and increases and               
          adapting to these drops and increases by prohibiting or                     
          permitting certain functions such as read/write.  The examiner              
          concludes that it would have been obvious to provide Osafune                
          with the adaptive modes of Morimoto in order to switch to the               
          appropriate voltage level necessary for optimal performance                 
          and that it would have been obvious to maintain the first and               
          second modes of Osafune as being nonadaptive since the                      
          omission of an element and its function, where the remaining                
          elements perform the same function as before, involves only                 
          routine skill in the art.                                                   
               A prima facie case for the obviousness of the subject                  
          matter of claim 1 appears to have been made, with the examiner              
          setting forth the deficiencies of the individual references                 
          and the motivating factors for combining the teachings of the               


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