Appeal No. 1997-3977
Application No. 08/267,579
Wakabayashi with Roth. In particular, appellants explain
(Brief, pages 8-9) that in Wakabayashi
[t]he residual memory is displayed so that a user
will know how many additional seconds of voice data
can be put in before the semiconductor memory 11
fills up .... Applying this motivation to the
Roth et al. device, this motivation clearly would
not lead one to select capacity of the buffer memory
6 of Roth et al. as a performance parameter to be
displayed. The buffer memory 6 of Roth et al. does
not completely fill up during normal recording
operations, and the user does not control the amount
of data in the buffer memory 6. Rather the flow of
data through the buffer memory is controlled
automatically.... Because the buffer memory of
Roth et al. does not fill up during recording, the
user does not need to know the residual capacity of
the buffer memory in order to control recording
operations without the omission of data. Therefore,
the motivation which lead to the use of the display
for semiconductor memory 11 in Wakabayashi et al.
clearly would not lead one to apply that display to
the buffer memory 6 of Roth et al.
We agree with appellants. There is no teaching or suggestion
in Wakabayashi that would lead the skilled artisan in the
optical recording and reproducing art to display the capacity
of the buffer memory of Roth.
Further, appellants contend (Brief, pages 11-12) that
Wakabayashi is not analogous art. Applying the criteria set
forth in In re Clay, 966 F.2d 656, 658, 23 USPQ2d 1058, 1060
(Fed. Cir. 1992), we conclude the same. The first criteria,
6
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