Appeal No. 1998-2541
Application No. 08/608,372
examiner indicates how he read these claims on the disclosure
of Moe [answer, pages 3-7].
With respect to independent claim 9, appellant argues
that Moe has no element for “identifying said beginning [of
one type of information].” The examiner argues that the mark
in Moe which denotes the ending of the material to be recorded
also marks the beginning of the material to be recorded since
the material is stored as an endless loop [answer, page 9].
We do not agree with the examiner’s position. When the
mark in Moe is designated, the Moe system begins recording the
endless tape from the point just after the mark until the mark
is reached, which means the entire endless tape is recorded.
Thus, a specific point on the endless tape is identified, but
not the beginning of the material it is desired to record.
The phrase “identifying the beginning” in claim 9 refers to
the beginning of one type of information and not to the
beginning of an area in memory to be recorded. Therefore, we
agree with appellant that there is no element in Moe for
identifying the beginning of one type of information to be
recorded from the beginning. Accordingly, we do not sustain
the anticipation rejection of independent claim 9 or of claim
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