Appeal No. 1999-0063 Application No. 08/602,366 means for moving the tape to a position between the target position and the present position only if the travel request signal is received and the control signal is produced; means for receiving a write request signal indicating a request to record the data on the tape; said means for moving the tape being operable to move the tape to the target position when the write request signal is received; and means for recording the data on the tape after the tape is moved to the target position. The Examiner relies on the following prior art: Inazawa et al. (Inazawa) 4,958,244 Sep. 18, 1990 Yoshioka et al. (Yoshioka) 5,384,673 Jan. 24, 1995 Claims 16-25 stand finally rejected as being based on an inadequate disclosure under the first paragraph of 35 U.S.C. § 112. Claims 16-25 stand further finally rejected under 35 U.S.C. § 103 as being unpatentable over Yoshioka in view of Inazawa.1 1At page 4 of the Brief, Appellant directs arguments to an “objection” to claim 16 made by the Examiner in the Advisory Office action mailed September 8, 1997 (Paper No. 10). We decline to rule on the merits of these arguments since claim objections are petitionable matters not appropriate for decision on appeal. Further, while the substance of the Examiner’s objection could conceivably have led to a rejection under the second paragraph of 35 U.S.C. § 112, no such rejection is before us. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007