Ex parte YAMASAKI - Page 6




               Appeal No. 1997-3996                                                                                                
               Application 08/519,952                                                                                              


               which outputs a triangle wave voltage and a reference clock signal from an external circuit (see language           

               of representative claim 1 on appeal).  A bias oscillator is not required by representative claim 1, and an          

               oscillator that outputs a triangle wave and an external clock oscillator are required.                              

                       Komori is very different from claim 1 in that two recording signal internal bias oscillators of a           

               tape recorder are taught as being synchronized.  Komori concerns recording signal synchronization of                

               two internal bias oscillators, and not a voltage power source circuit having one internal triangle wave             

               oscillator and one external clock signal oscillator as recited in representative claim 1.  Komori also does         

               not teach a triangle wave oscillator as required by Claim 1.  In this light, we conclude that it would not          

               have been obvious to modify appellant’s admitted prior art power source circuit with the internal bias              

               oscillator synchronization of Komori.                                                                               

                       The examiner reasons in his rejection that it would have been obvious to modify the admitted                

               prior art with Komori "in order to prevent beat noises caused by a frequency difference between                     

               recording bias oscillating signals of tape recorder sections" (Answer, page 4)(emphasis added).  We                 

               cannot agree with this line of reasoning when nothing in the claim requires "recording bias oscillating             

               signals of tape recorder sections," and especially when both of Komori’s recording sections are internal            

               circuits as opposed to one internal and one external circuit as called for by claim 1.  Therefore, we               

               conclude that there is no persuasive motivation provided by the examiner to modify the admitted prior               

               art of Figure 5 with the teachings of Komori absent appellant’s disclosure.                                         


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