Ex parte KUTA et al. - Page 4




                 Appeal No. 96-1890                                                                                                                     
                 Application No. 08/111,176                                                                                                             

                          Reference is made to the brief  and answer for the    2                                                                       
                 respective positions of appellants and the examiner.                                                                                   
                                                                     OPINION                                                                            
                          We reverse.                                                                                                                   
                          The examiner contends, with regard to independent claims                                                                      
                 1 and 7, that Irby’s Figure 3 meets all of the limitations of                                                                          
                 the claims but for a showing of a pattern containing encoded                                                                           
                 information in a plurality of transversely spaced stripes                                                                              
                 parallel to the length of the tape having a transverse                                                                                 
                 direction of magnetization, and reading and decoding the                                                                               
                 pattern information.  Therefore, the examiner relies on Thomas                                                                         
                 which shows a pattern, in Figure 3, which contains encoded                                                                             
                 information in a plurality of transversely spaced stripes                                                                              
                 parallel to the length of the tape.  Thomas also teaches the                                                                           
                 reading and decoding of pattern information.  Therefore, the                                                                           
                 examiner concludes, it would have been obvious to modify the                                                                           
                 system of Irby by including the teachings of Thomas to use a                                                                           
                 pattern containing encoded information in a plurality of                                                                               
                 transversely spaced stripes parallel to the length of the                                                                              

                          2The reply brief, filed January 17, 1996, was refused                                                                         
                 entry by the examiner and has, accordingly, not been                                                                                   
                 considered by us.                                                                                                                      
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