Ex parte DEMASTER et al. - Page 6




                 Appeal No. 97-3926                                                                                                                     
                 Application 08/481,091                                                                                                                 

                 26, a cleaning segment 4, a polishing segment 18, and a second                                                                         
                 diagnostic/instructional segment 34.  Although not expressly                                                                           
                 stated in Siddiq, appellants' brief  concedes (at 7, lines 1-  2                                                                       
                 4) that there is cleaning material on the back of the Siddiq                                                                           
                 tape: "The cleaning material on the back of the Siddiq tape                                                                            
                 does not permit simultaneous head cleaning and playback                                                                                
                 because the back of the tape never contacts the heads" (Brief                                                                          
                 at 7, lines 1-4).              3                                                                                                       
                          The first limitation at issue is claim 35's recitation                                                                        
                 that "the magnetic material and the scrubbing material are                                                                             
                 located in                                                                                                                             
                 the same length of tape portion to permit simultaneous head                                                                            
                 cleaning and playing of recorded signals."  The examiner                                                                               
                 contends that                                                                                                                          
                          [t]he cleaning and playing of Siddiq is simultaneous                                                                          
                          because the time period during which the cleaning and                                                                         


                          2All references to the brief are to the replacement                                                                           
                 brief (paper No. 14).                                                                                                                  
                          3The basis for this admission is not clear.  Perhaps it                                                                       
                 is based on appellants' knowledge of the details of the                                                                                
                 commercially available homogenous polymeric tape material                                                                              
                 Siddiq suggests for use as the cleaning segments, i.e.,                                                                                
                 Melinex 377/75 and 378/75, made by ICI Americas Inc., a                                                                                
                 homogenous polymeric tape having a matte finish with a                                                                                 
                 roughness of about 0.5 Fm (col. 3, lines 35-41).                                                                                       
                                                                       - 6 -                                                                            





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