Ex parte GERFAST et al. - Page 10




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


          claim 10 on appeal “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” is a passive recitation               
          applicable to the passively recited tape drive.                             
               In view of all of these considerations, it is apparent that            
          we must reverse the rejection of claims 10 to 13 under the                  
          written description portion of the first paragraph of 35 U.S.C.             
          § 112.  We reach a similar conclusion as to the enablement                  
          rejection as well.  The initial written portion of the                      
          specification as well as the initial drawing figures 1 to 3                 
          clearly indicate and teach to the artisan what is well-known in             
          the art, especially making reference to industry standard                   



          locations for various sensing or switching elements in tape                 
          drives for particular industry standard tape cartridges.  The               
          other figures are discussed having different front or side switch           
          locations within the tape drive as well.  Thus, there appears to            
          be no enablement question rising to the level of undue                      
          experimentation to the artisan which would justify sustaining a             
          rejection regarding the location of the tape drive sensor being             



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