Ex parte TIMMERMANS - Page 5




                 Appeal No. 1996-2384                                                                                                                   
                 Application 08/226,225                                                                                                                 


                 recorded in adjacent areas of the tape (col. 5, lines 34-36).                                                                          
                 The examiner contends that claim 29 is anticipated by this                                                                             
                 duplication of program blocks,  reading the claimed "packet[]2                                                                                
                 . . . consisting of n identical control data bit groups" on                                                                            
                 the identical program data in each of the program blocks P ,                                                                           
                                                                                                                         n                              
                 P ', and P ".   In responding to the rejection, appellant3                                                                                                                
                   n           n                                                                                                                        
                 addresses not only this program block duplication but also the                                                                         
                 program code duplication depicted by Figures 5 and 6, wherein                                                                          
                 the same 128-byte program code is recorded in three adjacent                                                                           
                 tracks or fields.  We will address this matter first.                                                                                  
                 Appellant argues that the three tracks cannot be considered to                                                                         
                 be a "packet[] . . . consisting of n identical control data                                                                            
                 bit groups" (our emphasis), as recited in claim 27, because                                                                            
                 "these three tracks consist of three identical bit groups plus                                                                         
                 three non-identical identifier codes [00, 01, and 02]" (Brief                                                                          
                 at 6-7).  This argument is unconvincing because it incorrectly                                                                         


                          2January 11, 1994, Office action (paper No. 9), at 5),                                                                        
                 incorporated by reference into final Office action at 2.                                                                               
                          3Although not stated in the § 102(b) rejection in the                                                                         
                 final Office action or the Answer, the examiner also appears                                                                           
                 to be reading the claimed "main data" onto the video source                                                                            
                 data, a point which appellant does not dispute.                                                                                        
                                                                       - 5 -                                                                            





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