Ex parte LEE - Page 10




          Appeal No. 1998-0701                                                        
          Application 08/263,744                                                      


          1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re                   
          Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).               
          Only those arguments actually made by appellant have been                   
          considered in this decision.  Arguments which appellant could               
          have made but chose not to make in the brief have not been                  
          considered [see 37 CFR § 1.192(a)].                                         
          With respect to the rejection of claims 1-4, 10 and                         
          12, we consider independent claim 1 as the representative                   
          claim for this group.  The examiner essentially finds that                  
          Fukami teaches all the features of claim 1 except for the                   
          recording and reproducing of video signals.  The examiner                   
          cites Minoda as teaching that it was conventional to record                 
          both audio and video signals on the same magnetic tape.  The                
          examiner concludes that it would have been obvious to the                   
          artisan to record video data on Fukami’s tape as taught by                  
          Minoda [answer, page 4].                                                    
          Appellant argues that Fukami relates to digital audio                       
          recording and reproduction only.  He also argues that the                   
          status byte of Fukami, which indicates tape speed, does not                 
          constitute a discrimination signal having a predetermined                   
          frequency and a periodicity within the signal that is                       
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