Ex parte KANEKO - Page 7




          Appeal No. 1999-2379                                                        
          Application 08/716,061                                                      

          information of the commercial information that is to be                     
          stored" (emphasis added).  The problem with the claim                       
          language is confirmed by the fact that claim 1 recites "a                   
          record list including record information of the commercial                  
          material stored in said commercial material                                 
          recording/storing means" (emphasis added) and "a commercial                 
          material database composed of storage information of the                    
          commercial material stored in said commercial material                      
          recording/storing means" (emphasis added).  This implies                    
          that both the "record list storing means" and the                           
          "commercial material database" include the identical                        
          "information of the commercial material stored in said                      
          commercial material recording/storing means."                               
               Second, claim 1 recites "send list storing means for                   
          storing a send list including send information of the                       
          commercial material sent from said commercial material                      
          recording/storing means" (emphasis added).  A "play list" or                
          "send list" is disclosed as a working list for a CM material                
          to be sent (specification, p. 19, lines 22-23), not sent, as                
          claimed.  While it may be true that the send list includes                  
          information about what was sent as well as material that is                 

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