Appeal 2007-0690
Application 10/224,917
by claim 1. Rather, Jones ‘638 teaches a stand-alone FlashToaster
(80) that is capable of copying data from certain types of flash-
memory cards onto removable storage media (floppy disk, CD, etc.)
in response to a push button (79). The Examiner’s allegations that
Jones ‘638 provides a portable mass memory device, wherein the
device is not enabled to allow data stored in the mass memory to be
edited other than selective arrangement and deletion of data from the
mass memory, are wholly unsupportable in view of the substantial
differences and deficiencies of Jones ‘638. Put another way, the
FlashToaster (80) of Jones ‘638 is directed to a single, stand-alone
data handling function: the copying of data files from one media to
another. Such an operation cannot be reasonably described as
selective arrangement and deletion of data from [a] mass memory.
Accordingly, it is impossible for the components recited in Jones ‘638
to anticipate Appellants’ claim 1.
These arguments of the Appellants are consistent with our
understanding and study of Jones ‘638. Moreover, we do not agree with the
Examiner’s responsive arguments as to this rejection at pages 30 and 31 of
the Answer. Specifically, the Examiner construes the wherein clause as a
negative limitation that “only requires that the data cannot have any editing
functions performed on it that are not selective arrangement or deletion of
data; it does not positively require that the data can be selectively arranged
and deleted.” (Id. at 31.) . We understand the wherein clause to have
positive and negative aspects. It appears to us that the claimed device,
consistent with Appellants’ arguments above, is claimed to be only enabled
to edit by selective arrangement (selectively organizing) and selective
deletion. The device is not enabled to perform any other types of editing
functions. The teachings in Jones ‘638 are not so specific, principally the
discussions at columns 9 through 11 as they pertain to figures 9 and 10 of
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