Ex parte GERFAST et al. - Page 11




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


                positioned either on the front or the side of the tape                                                                        
                cartridge.       2                                                                                                            












                         In view of the foregoing, we have reversed both rejections                                                           
                of claims 10 to 13 under 35 U.S.C. § 112, first paragraph.                                                                    
                Therefore, the decision of the examiner is reversed.                                                                          
                                                                REVERSED                                                                      







                         2Since our review of the written description and drawings                                                            
                in Fig. 6 as filed indicates to us that there was an implicit                                                                 
                disclosure of the location of a switching element either on the                                                               
                side or the front of the cartridge to be consistent with the                                                                  
                clearly disclosed Fig. 6 embodiment showing a second indicator                                                                
                opening extending around a corner from the front to the side of                                                               
                the cartridge, the outstanding objection under 35 U.S.C. § 132 to                                                             
                the amendment to page 11, line 12, filed on March 3, 1994 should                                                              
                be withdrawn.                                                                                                                 

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