Ex parte Yoshida et al.Download PDFBoard of Patent Appeals and InterferencesMay 22, 199808128053 (B.P.A.I. May. 22, 1998) Copy Citation Application for patent filed September 28, 1993. 1 According to appellants, this application is a continuation of Application 07/798,183 filed November 26, 1991, now abandoned. -1- THIS OPINION WAS NOT WRITTEN FOR PUBLICATION The opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board. Paper No. 35 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCE _____________ Ex parte TERUYUKI YOSHIDA, HIDEKI ARAI and KEIKO KANETSUKA _____________ Appeal No. 95-4711 Application 08/128,0531 ____________ ON BRIEF ____________ Before HAIRSTON, BARRETT and CARMICHAEL, Administrative Patent Judges. CARMICHAEL, Administrative Patent Judge. DECISION ON APPEAL Appeal No. 95-4711 Application 08/128,053 -2- This is an appeal from the final rejection of claims 1-4, which constitute all the claims remaining in the application. Claim 1 reads as follows: 1. A magnetic recording and reproducing apparatus having a drum around which a magnetic tape is wound, comprising: a rotary head mounted on said drum for helically scanning said magnetic tape so as to reproduce an information signal recorded on said magnetic tape; current amplification means disposed inside said drum near said rotary head for amplifying a current representing the reproduced information signal to produce a first reproducing signal; lower band suppression means disposed inside said drum for suppressing low frequency components of said first reproducing signal to produce a second reproducing signal; voltage amplification means disposed inside said drum for amplifying a voltage representing said second reproducing signal to produce a third reproducing signal; a rotary transformer having a primary winding disposed inside said drum for receiving said third reproducing signal, and a secondary winding disposed outside said drum for supplying said third reproducing signal received at said primary winding; and lower band emphasis means disposed outside said drum for emphasizing said low frequency components suppressed by said lower band suppression means in said third reproducing signal supplied from said secondary winding of said rotary transformer to produce a fourth reproducing signal. Appeal No. 95-4711 Application 08/128,053 -3- The Examiner’s Answer cites the following prior art: Sato et al. (Sato) 4,500,932 Feb. 19, 1985 Higurashi 4,562,492 Dec. 31, 1985 Philipps 5,051,847 Sep. 24, 1991 OPINION Claims 1, 2, and 4 stand rejected under 35 U.S.C. § 103 as unpatentable over Philipps in view of Higurashi. Claim 3 depends from claim 1 and stands rejected under 35 U.S.C. § 103 as unpatentable over Philipps in view of Higurashi as applied to claim 1, further in view of Sato. The examiner proposes to add Higurashi’s lower band suppression and emphasis means to the inside of Philipps’ drum. However, the proposed combination does not produce the claimed invention. The claims recite a magnetic recording and reproducing apparatus having lower band suppression means inside a drum and a complementary lower band emphasis means outside the drum. The examiner’s combination would place the suppression means and the emphasis means both inside the drum. Appeal No. 95-4711 Application 08/128,053 -4- We are unable to identify any suggestion for placing the suppression means inside the drum while placing the emphasis means outside the drum as recited. Thus, the rejections will not be sustained. CONCLUSION The rejections of claims 1-4 are not sustained. REVERSED KENNETH W. HAIRSTON ) Administrative Patent Judge ) ) ) ) LEE E. BARRETT ) BOARD OF PATENT Administrative Patent Judge ) APPEALS AND ) INTERFERENCES ) ) JAMES T. CARMICHAEL ) Administrative Patent Judge ) Appeal No. 95-4711 Application 08/128,053 -5- William S. Frommer Curtis, Morris & Safford 530 5th Avenue New York, NY 10036 Copy with citationCopy as parenthetical citation