Appeal No. 1999-2379
Application 08/716,061
(2) Claims 14 and 21 have not been separately argued.
(3) Claims 3, 9, 15, and 22 stand or fall together with
claim 3.
New ground of rejection pursuant to 37 CFR § 1.196(b)
Claims 1, 3-6, and 8-11 are rejected under 35 U.S.C.
§ 112, second paragraph, for failing to particularly point
out and distinctly claim the subject matter which Appellant
regards as his invention. Claims 1 and 6 are indefinite
and/or misdescriptive.
Claim 1 is representative of two problems with claims 1
and 6. First, claim 1 recites "record list storing means
for storing a record list including record information of
the commercial material stored in said commercial material
recording/storing means" (emphasis added) and "said new
record list containing the record information of the
commercial material stored in said commercial
recording/storing means" (emphasis added). A "record list"
is disclosed as a working list for obtaining CM materials
to be stored (specification, p. 14, lines 4-14), not a list
of material stored, as claimed. It is noted that claims 12
and 18 correctly recite "a record list including record
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