Appeal No. 97-1398
Application 08/295,225
to "confirm the degree of image and sound recovery" (Trans. at 2,
lines 6-7.).
The examiner contends that Fujimura satisfies the
requirement of claims 3 and 30 for simultaneous cleaning and
playing in several different ways (Suppl. Answer at 2). The
first, which is that the claim language is broad enough to read
on the alternating check and cleaning tape portions, is
unconvincing for the reason discussed above in connection with
Siddiq. Alternatively, the examiner argues that the check
portions 11 also perform some cleaning (Answer at 12-13):
Fujimura et al shows in figure 1 recordable front side
scrubbing material 11, [which] is capable of cleaning the
magnetic heads and tape guides, and backside scrubbing
material 6, which is capable of cleaning capstans.
. . . Material 9/11 is magnetic material as well as
scrubbing material, and since magnetic material is present
this permits audio and video images to be recorded and/or
reproduced. Also, Fujimura et al describes material 11 as a
check portion, i.e., this portion provides a diagnostic
video image in which the image quality is checked.
While we believe it is clear from the foregoing passage that the
examiner is arguing that the check portions 11 also provide some
cleaning, appellants apparently understood the examiner to be
arguing that the cleaning portions 10 are capable of recording
audio and video information for playback during cleaning, because
they contend that "the mere presence of a magnetic material in a
tape layer does not necessarily render that tape capable of
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