Appeal 2007-0588
Application 10/202,349
1 Appellants contend that the claimed subject matter is not anticipated
2 by Ho Yuen Lok. More specifically, Appellants contend that Ho Yuen Lok
3 fails to teach that (1) his saved playlist is saved on the CD as required by
4 claims 1 and 19 (Br. 5-8), (2) “the compressed audio CD comprises a file
5 tree” as required by claim 2 (Br. 8), (3) “the file tree contains a folder” and
6 “the memory location is the folder” as required by claim 3 (Br. 9), and (4)
7 “each audio file has an associated file path” or “the playlist contains the file
8 path” as required by claims 4, 5, or 20 (Br. 10). With regards to (2)-(4)
9 Appellants further contend that “[c]onventional audio CDs do not include a
10 file system.” (Br. 9 and 11).
11 The Examiner contends that with respect to claims 1 and 19, because
12 Ho Yuen Lok describes that “users are able to write onto a CD their favorite
13 tracks to bring along with them for portable use”, these “favorite tracks are
14 equivalent to a list of songs” (i.e. a playlist) as required by Appellants’
15 claims 1 and 19. (Answer 7:19-20 and 8:6-7). The Examiner further
16 contends that because of this the other argued features are also found on the
17 compressed audio CD of Ho Yuen Lok. (Answer 14:last paragraph, 15:last
18 paragraph, and 17:first paragraph).
19 We reverse.
20 ISSUE
21 Have Appellants shown that the Examiner has failed to establish Ho
22 Yuen Lok describes “a playlist . . . in the compressed audio CD” or “ [a]
23 compressed audio CD, comprising . . . a playlist” as required by claims 1
24 and 19 respectively?
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