Ex parte GERFAST et al. - Page 5




          Appeal No. 95-0833                                                          
          Application 08/161,978                                                      


          side of the cartridge.  This is apparent from an inspection of              
          Fig. 6.                                                                     
               The corresponding language initially found in the                      
          specification as filed describing this figure is the following at           
          page 8, lines 16 to 21:                                                     
                    A recess 100 is used, and in this embodiment                      
                    it preferably extends to the side wall such                       
                    that portion 150 of the front wall is not                         
                    present.  This provides a location that a                         
                    first switch in a suitably adapted drive may                      
                    sense to determine whether the cartridge is                       
                    of the present invention (emphasis added).                        
               In accordance with the initial figures, Fig. 3 shows that              
          the cartridge front wall is labeled as element 18, the front wall           
          portion thereof is labeled 150 and the edge wall to the right of            
          the figure is labeled 41.  A study of the specification as a                
          whole indicates that the language just quoted above indicating              
          that a switch determines whether the cartridge is of the present            
          invention corresponds to the second indicator of clause b of                
          claim 10 on appeal in such a manner that it would indicate the              
          nature of the tape therein.                                                 
               In the modified Fig. 6 embodiment discussed at page 11 of              
          the specification, one in which four switches are utilized by the           
          tape drive, the following is indicated at lines 7 through 11:               
                    For the switch which determines which type of                     
                    cartridge is present, the preferred area is                       
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