Ex parte GERFAST et al. - Page 7




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


                    the preferred area is the other portion of                        
                    the recess 100, as that is the location of                        
                    the file protect device in presently used                         
                    cartridges (emphasis added).                                      
          Again, it would have been perhaps better stated that the location           
          of prior art industry standard cartridges would have utilized the           
          so-called other portion of the recess 100 in a manner to be                 
          consistent with that initially described in location area 100 of            
          Fig. 3.                                                                     
               Our assessment of these teachings and showings of the                  
          specification and drawings as originally filed is consistent with           
          appellants’ comments made at the bottom of page 8 of the                    


          principal Brief on appeal that the claimed data cartridge having            
          two detectable openings comprise the first opening being recess             
          100 at the left side thereof as shown in Fig. 6 and the second              
          opening being the right side of the same recess opening 100 also            
          depicted in Fig. 6.  Since the industry standard location of the            
          first indicator opening in clause a of claim 10 on appeal is                
          write-protected and permanently open, a portion of region 100 of            
          necessity would comprise this first indicator opening.  The                 
          description at page 11, lines 14 through 18, quoted above,                  
          indicates that the preferred area for the write protection for              
          previously used cartridge is the “other” or left portion of the             
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