Ex parte SHIMIZUME et al. - Page 2




              Appeal No. 1998-1540                                                                                      
              Application No. 08/317,390                                                                                


                     Representative independent claim 4 is reproduced as follows:                                       
                            4.   A disk player comprising:                                                              
                                   signal processor means for processing a reproduced signal                            
                            obtained from a disk, detecting a speed difference between the                              
                            rotation speed of the disk and a desired rotation speed thereof, and                        
                            outputting a speed control signal corresponding to the detected                             
                            speed difference;                                                                           
                                   oscillator means for supplying an oscillation output as a                            
                            system clock signal to said signal processor means; and                                     
                                   speed control means for detecting the phase difference                               
                            between said oscillation output and a reference clock signal, and                           
                            controlling the rotation speed of the disk in accordance with the                           
                            detected phase difference.                                                                  
                     No references are relied upon.                                                                     
                     Claims 4, 7 and 11-13 stand rejected under 35 U.S.C. § 112, first and second                       
              paragraphs as, respectively, being based on a nonenabling disclosure and being                            
              indefinite.                                                                                               
                     A rejection of claims 1, 9 and 10 under 35 U.S.C. § 102(e) is now moot in view of                  
              appellants’ cancellation of claims 1, 9 and 10.                                                           
                     Thus, we have before us only the rejections based on 35 U.S.C. § 112, first and                    
              second paragraphs.                                                                                        
                     Reference is made to the brief (Paper No. 35) and answer (Paper No. 31) for the                    
              respective positions of appellants and the examiner.                                                      


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