Appeal No. 1999-2379
Application 08/716,061
comparison of a send list (broadcast schedule list data p1)
with a database (the databases for the recorder/reproducers)
(second paragraph quoted above). These non-recorded
materials must be added to the order list data p3 because
order list data p3 causes the non-recorded material from the
send list to be recorded onto the recorder/reproducers
(third paragraph quoted above). The addition of the
non-recorded materials to order list data p3 creates a "new"
list. Accordingly, we are not persuaded by Appellant's
argument that Takeuchi does not add record information of
the non-recorded commercial material to the control data and
order list data p3. Appellant has not shown error in the
Examiner's finding of anticipation. The anticipation
rejection of claims 1, 4-6, 8, 10-12, 16-18, 23, and 24 is
sustained.
While there is some question in our minds whether
control data and order data list p3 is a record list of
material to be recorded before the comparison to determine
and add a list of non-recorded material, Appellant argues
that it is, and, since this application is assigned to the
same assignee as Takeuchi, we presume Appellant is correct.
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