Appeal No. 1996-2384
Application 08/226,225
equates the term "control data bit groups" to all of the data
recorded in a track or field. As the examiner correctly
notes, while the claim requires that each "packet" consist of4
n identical control data bit groups, the presence of the
"comprising" term in paragraph b) permits the claimed "control
data file" to include other data, such as address data, in
addition to the claimed "plurality of packets." Thus, we are
of the opinion that the claim is anticipated when the term
"control data bit group" is read on the 128 bytes of program
code which is stored in horizontal lines 64-191 of each of the
three adjacent tracks or fields, even though those tracks or
fields also include track address data in horizontal lines 12-
14 and 00, 01, 02 address data in horizontal line 58. For the
same reasons, the claim is also anticipated by the duplication
of program blocks depicted by Figure 7 when the term "control
data bit group" is read on only the identical program data
contained in each block P , P ', and P ". Consequently, then n n
rejection of claim 29 under § 102(b) for anticipation by
4Final Office action at 2-3; Answer at 7.
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