Ex parte PINES et al. - Page 2



                 Appeal No. 95-1942                                                                                                                     
                 Application 08/135,190                                                                                                                 

                                                           DECISION ON APPEAL                                                                           
                                   This is an appeal from the final rejection of claims                                                                 
                 7, 16, and 17, all of appellants' pending claims, under 35                                                                             
                 U.S.C. § 103.  We affirm the rejection with respect to claims                                                                          
                 7 and 17 and reverse it with respect to claim 16.                                                                                      
                                   The invention relates to play control in jukeboxes.                                                                  
                 The specification includes the following description of prior                                                                          
                 art jukeboxes, which the examiner relies on in the rejection                                                                           
                 as admitted prior art:3                                                                                                                
                                            Jukeboxes typically consist of a cabinet which                                                              
                                   contains a display of the available recordings, a                                                                    
                                   mechanism for accepting valid currency, a mechanism                                                                  
                                   for making selections from the available recordings,                                                                 
                                   a mechanism for conveying selected recordings to a                                                                   
                                   player capable of playing the recordings, some form                                                                  
                                   of control unit, and the necessary audio (or audio                                                                   
                                   and video) circuitry and output devices to publicly                                                                  
                                   perform the selected recording.                                                                                      
                 According to appellants, prior art jukeboxes provide the                                                                               
                 customer with no way of knowing how long it will take for a                                                                            
                 selected piece to play.  Appellants' invention enables the                                                                             
                 customer to pay extra to have his selection designated as a                                                                            
                 priority play and inserted at the top of the play list,                                                                                
                 provided no other pending selection is designated as a                                                                                 
                 priority play.                                                                                                                         
                                   Claim 17, which is representative, reads as follows:                                                                 


                                   3Spec. at 1-2.                                                                                                       

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