Ex parte TOGNAZZINI - Page 10




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


          recorded in a delayed recording system as recited in claim 2                
          is quite different from a clock and a calendar to start                     
          recording at a scheduled time as taught by Logan.                           
          We agree with appellant.  The conventional timer                            
          recording of Logan which permits future program material to be              
          recorded based on time has absolutely no relationship to the                
          recording of delayed program material as taught by Moe and as               
          recited in the appealed claims.  Therefore, there would be no               
          basis for applying Logan’s conventional timer recording to                  
          Moe’s system for recording material which has previously been               
          stored.  Therefore, we do not sustain the examiner’s rejection              
          of claims 2 and 5 based on the teachings of Moe and Logan.                  
          In summary, the anticipation rejection based on Moe has                     
          been sustained with respect to claims 15-17, 19 and 20, but                 
          has not been sustained with respect to claims 9, 12 and 21.                 
          The obviousness rejection of claims 2 and 5 has not been                    
          sustained.  Accordingly, the decision of the examiner                       
          rejecting claims 2, 5, 9, 12, 15-17 and 19-21 is affirmed-in-               
          part.                                                                       




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