Ex Parte Henry - Page 4



                 Appeal No. 2005-0321                                                                                  
                 Application No.  09/575,776                                                                           

                 information viewed through a display screen as claimed in claim 10, and “output                       
                 device” of claim 13.                                                                                  
                        The examiner states, on page 7 of the answer, that the “device of                              
                 Silverbrook (‘290) is capable of reading, viewing or printing any file information                    
                 including the file directory information (i.e. directory of the audio or video files).                
                 What Silverbrook did not disclose, is that the device is for processing the only                      
                 [sic, only the] file directory information.” Further, on page 7 of the answer, the                    
                 examiner states the “claims of the instant application do not recite any software                     
                 in support for the specific function (i.e. processing only the file directory                         
                 information).  Regarding the processor which is the main computer component,                          
                 the claims only broadly state that the processor [is] programmed to read and                          
                 communicate only file information, which any computer processor is designed                           
                 to do.”  The examiner concludes, “[t]hus, [the] claims are silent regarding the                       
                 specific way the processor is programmed in order to process only file directory                      
                 information.”                                                                                         
                        We concur with the examiner’s assessment of Silverbrook’s teachings,                           
                 however, we disagree with the examiner’s claim interpretation.  We find that each                     
                 of appellant’s independent claims 1, 6, 10 and 13 is directed to a device (or                         
                 method) that operates only with the file directory information.  Claim 1 contains in                  
                 the preamble the limitation “a portable apparatus for reading only file directory                     
                 information,”and  we find that the preamble does further limit the claim as the                       
                 remainder of the limitations in the claim, the drive component, the loading                           

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