Appeal No. 95-0833
Application 08/161,978
DECISION ON APPEAL
Appellants have appealed to the Board from the examiner’s
final rejection of claims 10 to 13, which constitute all the
claims remaining in the application.
The pertinent portion of independent claim 10 on appeal is
clause b:
a second indicator opening indicating the
nature of the tape in the data tape
cartridge, said second indicator opening
extending around a corner from the front to
the side of the data tape cartridge such that
a tape drive sensor positioned on either said
front or said side of said data tape
cartridge could detect said second indicator
opening.
There are no references relied on by the examiner.
Claims 10 to 13 stand rejected under 35 U.S.C. § 112, first
paragraph, as failing to provide an adequate written description
of the claimed invention as well as failing to provide an
enabling disclosure thereof.
Rather than repeat the positions of the appellants and the
examiner, reference is made to the briefs and the answer for the
respective details thereof.
OPINION
We reverse both rejections.
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