Ex parte NAGASHIMA et al. - Page 2




            Appeal No. 95-3185                                                                          
            Application 08/129,029                                                                      

            The request for rehearing was not received by the Board until                               
            December 1, 1998.                                                                           




                  The applicants make four arguments in the request for                                 
            rehearing.  First, it is said that the applicants "disagree                                 
            with the Board’s characterization of the Yamaguchi reference                                
            as disclosing a disk duplicating system which records signals                               
            read from the master disk, presumably in compressed form, onto                              
            another disk" (Request at 2).  However, nowhere in the                                      
            original appeal brief or reply brief did the applicants                                     
            specifically argue that Yamaguchi’s disk mastering system does                              
            not reproduce recorded signals in compressed form for direct                                
            recordation onto another disk.  What the applicants did argue                               
            was that Yamaguchi does not disclose reproduction of signals                                
            from both the master and the copy disk, and that the Yamaguchi                              
            apparatus does not reproduce signals from the copy disk.                                    
            Thus, no argument of the applicants in this regard was                                      
            overlooked.  In any event, arguments not specifically raised                                
            by the applicants in the appeal or reply briefs are not at                                  
            issue, are not before us, and are considered waived.                                        

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