Appeal No. 1999-0189
Application No. 08/344,691
“right to exclude” already granted in the patent.
The subject matter claimed in the instant
application is fully disclosed in the patent and is
covered by the patent since the patent and the
application are claiming common subject matter, as
follows: an apparatus for reproducing information
form [sic, from] a disc which has data recorded
thereon of a type which includes a frame of a video
signal is display [sic] while an audio portion is
played having an element which scans the disc to
obtain a combined video/data signal, the video/data
signal having a video portion and an audio portion;
a memory, operatively connected to receive at least
a part of the combined video/data signal; and a data
converter, operatively coupled to an output of the
memory means, reading out audio information form
[sic, from] the memory. The subject matter recited
in claims 42-62 of this patent application -
“comprising ABCY” - is fully disclosed in the patent
4,583,131. The allowance of these claims would
extend the rights [sic] to exclude already granted
in claims 1-12 of the patent - that right to exclude
covering the device “comprising ABCX”. The
transitional phrase “comprising” does not exclude
the presence of elements other than A, B, C, and X
in the claims of the patent. Because of the phrase
“comprising” the patent claims not only provides
[sic] protection to the elements ABCX claimed in the
patent but also extends [sic] patent coverage to the
disclosed combination - ABCXY. Like wise [sic], if
allowed, the claims of this application, because of
the phrase comprising, not only would provide patent
protection to the claimed combination ABCY but would
also extend patent coverage to the combination ABCXY
- already disclosed and covered by the claim in the
patent. Thus, the controlling fact is that patent
protection for the device, fully disclosed in and
covered by the claims of the patent, would be
extended by the allowance of the claims in this
application.
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