Ex parte BEGLIN - Page 7




          Appeal No. 1999-0005                                                        
          Application 08/188,001                                                      

          The Examiner states that Appellant fails to define what is                  
          meant by a multi-volume data set and interprets a                           
          "multi-volume data set" to include "multiple copies of data                 
          stored on different volumes" (EA13).  The Examiner further                  
          states that "[n]o predefined 'volumes' or predefined                        
          'multi-volume sets' have been recited in any of the claims"                 
          (EA14).                                                                     
               The Examiner errs in concluding that a "multi-volume                   
          data set" is not defined or claimed.  The specification                     
          expressly discloses (p. 4, lines 4-6):  "Each side of a                     
          cartridge, cassette or disk is considered a 'volume'.  Data                 
          stored on one side comprises a 'data volume'.  When a data                  
          set covers more than one side of a cassette or disk it is                   
          said to be a 'multi-volume data set'."  A "multi-volume data                
          set" is defined as a single data set that spans multiple                    
          volumes, which is consistent with its apparent meaning.  A                  
          "multi-volume data set" does not have the same meaning as                   
          multiple copies of a single volume data set.  Thus, we                      
          conclude the Examiner erred in interpreting a "multi-volume                 
          data set" to read on the multiple copies of a single volume                 
          data set in Gniewek.                                                        

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