Appeal No. 95-4131
Application No. 08/089,320
FIFO memory device having sufficient storage
capabilities to store an entire video program at all
times.
In addition, as previously mentioned above,
Applicant has disclosed within the specification on
page 2, lines 16-17, that the segment memory (12) is a
first-in-first-out memory (FIFO). However, the segment
memory (12) is disclosed as being divided into segment
taps each of which can be individually accessed by a
program request from the viewer to be a starting point.
Therefore, the first segment tap need not be selected
as the starting point. This would lead one of ordinary
skill in the art to the conclusion that the segment
memory is not a single FIFO memory device as disclosed
by applicant but instead must comprise several segment
taps each representing a FIFO memory device. If the
memory was a FIFO memory device as disclosed by the
specification, drawing, and claims then the data first
stored in the first segment tap would have to be read
out first, as is inherent of a FIFO memory device.
However, Applicant discloses in the specification that
such is not the case because the user may make a
selection such that the data stored within the first
segment tap is not accessed first. This once again
reinforces the conclusion that the device as disclosed
in the specification, drawing, and claim[s] fails to
provide enabling disclosure.
Appellants response (Brief, pages 3 and 4) to the examiner’s
position is that:
The Examiner is arbitrarily defining a fifo memory
as a single device. Presumably this means that the
memory must be available in a single package. It is
respectfully submitted that there is absolutely no
justification for this position. While it seems clear
that those skilled in the art would recognize that no
currently available single memory device could contain
an hour or so of video program, they would certainly
know to cascade a plurality of memories or delay lines.
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