Appeal No. 97-3926
Application 08/481,091
playing take place has not been specified and the
components [being] cleaned also have not been specified.
The transport components of Siddiq are permitted to be
cleaned at the exact same time as the playing of recorded
signals since the portion of tape with the recorded
signals will contact the magnetic head when the cleaning
portion contacts a transport component. See column 2,
lines 15-16 of Siddiq. [Answer at 3.]
These cited lines in Siddiq state that "one or more cleaning
segments clean the magnetic head, and other transport
components." The examiner's contention that the component
being cleaned is not specified in the claim is incorrect. As
appellants correctly note (Brief at 6), the claim language in
question calls for "simultaneous head cleaning and playing of
recorded signals" (appellants' emphasis).
At pages 6 and 7 of the Answer, the examiner for the
first time offers an alternative rationale for reading this
claim language on Siddiq. Citing a dictionary definition of
"simultaneous" to mean "at the same time" and a dictionary
definition of "time" to mean "[a]n interval separating two
points. . . ," the examiner contends that the claim language
is broad enough to read on a length of tape which includes
successive diagnostic/informational and cleaning segments.
Although this new rationale has not been addressed by
appellants, who did not file a reply brief, we have considered
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