Ex parte SHIMIZU et al. - Page 8




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



          within 35 U.S.C. § 103.  We see no patentable distinction                   
          between this operation of JVC and a contemporaneous storing                 
          operation occurring when a particular sound output circuit is               
          selected, as claim 4 may be interpreted to state.                           
               We have granted appellants' request to the extent that we              
          have reconsidered our decision of May 26, 1998, but we deny                 
          the request with respect to making any changes therein.                     
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                       DENIED                                         






                        JAMES D. THOMAS                    )                         
                        Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         KENNETH W. HAIRSTON           )     APPEALS AND              
                         Administrative Patent Judge   )    INTERFERENCES             
                                                       )                              
                                                       )                              
                                                       )                              
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