Ex parte DEMASTER et al. - Page 10




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

                 of recorded information (col. 2, lines 13-20), as required by                                                                          
                 claims 35 and 38.   Nowicki explains:4                                                                                                       
                          The cassette is inserted for playback in a vtr machine                                                                        
                          having badly fouled heads.  The display at the video                                                                          
                          monitor is initially completely haphazard,                                                                                    
                          non-synchronized, noisy and snowy.  Within about 10                                                                           
                          seconds the display suddenly clarifies and synchronizes                                                                       
                          to present a clear, well-defined color test bar pattern,                                                                      
                          whereupon the machine is immediately stopped.  [Col. 3,                                                                       
                          line 50 to col. 4, line 2.]                                                                                                   
                          Regarding claim 35, the examiner, conceding that Nowicki                                                                      
                 fails to disclose a plurality of first sets of instructions,                                                                           
                 argues that "[i]t would have been obvious . . . to provide                                                                             
                 Nowicki et al[.] with a plurality of sets of instructions as                                                                           
                 taught by Siddiq" because the artisan "would have been                                                                                 
                 motivated to provide a plurality of sets of instructions so                                                                            
                 that different diagnostic information that pertains to                                                                                 
                 different tape components is able to be conveyed to the user"                                                                          
                 (Answer at 4-5).  Appellants respond that                                                                                              
                          Siddiq does not disclose a first set of instructions to                                                                       
                          be repeated serially followed by a second different set                                                                       
                          of instructions as recited in the claims.  The two                                                                            
                          segments in Figure 5 of Siddiq are not used to provide                                                                        
                          different instructions.  There is no mention or any                                                                           

                          4Siddiq describes his cleaning tape, which does not                                                                           
                 provide simultaneous head cleaning and playback, as an                                                                                 
                 improvement over Nowicki's cleaning tape (Siddiq, col. 1,                                                                              
                 lines 23-41).                                                                                                                          
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