Ex parte DEMASTER et al. - Page 8




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

          its merits and conclude that the examiner's construction of                 
          the language in question is strained and unreasonable.  Given               
          its broadest reasonable construction, the phrase "simultaneous              
          head cleaning and playing of recorded signals" requires that                
          at least part of the head cleaning operation and the playing                
          of recorded signals occur at the same instant in time, which                
          does not occur in Siddiq.                                                   
               Claim 35 also recites another limitation which appellants              
          argue (Brief at 7) is not disclosed in Siddiq, i.e., the                    
          requirement that the second set of instructions be different                
          from the first set of instructions.  The examiner addressed                 
          this limitation as follows:                                                 
               Figure 5 shows [diagnostic/instructional] segments 6 and               
               34.  First of all the fact that [they] are separated by                
               cleaning and polishing segments clearly shows that they                
               are different.  If the[y] were not different the[re]                   
               would be no reason to provide separation.  Secondly,                   
               Siddiq provides different numbers to further distinguish               
               the two segments from each other.  Thirdly, column 4,                  
               lines 49-52 states the following: "The use of separated                
               diagnostic/instructional segments 6, 34 maybe [sic,                    
               Siddiq's error] useful to provide the user with an almost              
               instantaneous indication of cleaning effectiveness using               
               before and after views".  [Answer at 7-8.]                             
          The foregoing facts are not sufficient to establish that the                
          information contained in segments 6 and 34 is inherently,                   
          i.e., necessarily, different, as is required to establish                   

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