Appeal No. 1996-1838 Page 3
Application No. 08/119,655
BACKGROUND
The appellant's invention relates generally to systems
for storing digital information, and, more particularly, to
video disc systems for storing digital information in a pulse-
length modulation format (specification, p. 1). A copy of the
claims under appeal is set forth in the appendix to the
appellant's brief.
The sole rejection on appeal as set forth in the
examiner's answer (Paper No. 32, mailed December 14, 1999)
is :1
Claims 8, 10, 11, 32, 34, 35, 37, 54 to 59 and 61 to 65
stand rejected under the judicially created doctrine of
nonstatutory (i.e., obviousness-type) double patenting over
claim 24 of U.S. Patent No. 5,321,680 since the instant
application claims are not patentably distinct inventions from
the patent claims.
1Since the other grounds of rejection set forth in the
final rejection (Paper No. 16, mailed October 20, 1994) were
not set forth in the examiner's answer we assume that these
other grounds of rejection have been withdrawn by the
examiner. See Ex parte Emm, 118 USPQ 180, 181 (Bd. App.
1957).
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