Ex parte TOGNAZZINI - Page 6




          Appeal No. 1998-2541                                                        
          Application No. 08/608,372                                                  


          12 which depends therefrom.  Since independent claim 21 has                 
          the same recitation as claim 9, we also do not sustain the                  
          anticipation rejection of claim 21.                                         
          With respect to independent claim 15, appellant argues                      
          that Moe does not “cause said recording device to continue to               
          record information delayed by said delayed recording circuit                
          after a stop button has been pushed until all information                   
          delayed up until the time the stop button is pushed has been                
          recorded” [brief, page 5].  We do not agree.  The recovery                  
          button in Moe corresponds to the claimed stop button.  When                 
          the recovery button in Moe is pushed, all the material which                
          has been delayed on the endless tape loop is recorded                       
          beginning at the point just after the location of the stop                  
          mark until the stop mark is reached.  This results in the                   
          recorder continuing to record delayed information until all                 
          information on the tape has been recorded ending with the                   
          point where the stop button was pushed.  In our view, the                   
          delayed recording circuit of Moe is configured to perform                   
          exactly as recited in claim 15.  Therefore, we sustain the                  
          anticipation rejection of claim 15.                                         


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