Ex parte SHIMIZU et al. - Page 3




          Appeal No. 96-2547                                                          
          Application 08/101,673                                                      



          indicated that claims 4 and 5 have been treated together by us              
          since appellants have argued them together in the principal                 
          Brief on appeal and two Reply Briefs "despite the grouping at               
          page 3 of the principal Brief on appeal that they are                       
          separately grouped."  Appellants’ separate urging at page 4 of              
          the request for rehearing implying that we consider the                     
          patentability of claim 5 as distinguished from claim 4 is                   
          presented in an untimely manner.  Any arguments directed to                 
          claim 5 should have been presented before the decision was                  
          rendered on May 26, 1998.                                                   
               In accordance with the discussion at pages 2 and 3 of                  
          appellants' request, it appears that appellants and this panel              
          are in some agreement as to the normal operation at page 13 of              
          JVC for purposes of the actual storing operation of JVC's CSRP              
          preset system.  As generally expressed in our original                      
          opinion, it is our understanding that once the user firstly                 
          presets the various sound output circuit states, and then                   
          secondly presses the memory button when it is flashing, at                  
          least some data is stored as to those states but the complete               
          CSRP preset storage function available to the user in JVC is                

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