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Ex parte NAITO - Page 10Legal Research Home > Board of Patent Appeals and Interferences > 1998 > Ex parte NAITO - Page 10 Sponsored Links
Appeal No. 95-2898
Application 08/053,193
With regard to claims 5, 10 and 11, the examiner relies
on Kikuchi in view of Ogusu, applying Kikuchi as above and5
adding Ogusu for the teaching of a disk cartridge device that
includes a cartridge with a shutter, window, central hole and a
pivoting lid. Appellants do not argue the claim limitations
relating to the cartridge structure.
Independent claim 5 recites “claws engaging the top
surface of said optical disk and being normally held in an
unstressed normal position in which said claws prevent said
center core from being extracted from said optical disk. . . .”
As pointed out supra, Kikuchi’s protrusions 56 do not engage the
top surface of the optical disk. Furthermore, Ogusu fails to
provide for the deficiencies noted regarding Kikuchi. Therefore,
we will not sustain the rejection of claims 5, 10 and 11 under 35
U.S.C. § 103.
In view of the foregoing, the decision of the Examiner
rejecting claim 1 under 35 U.S.C. § 103 is affirmed; however, the
5We note, with curiosity, that the examiner, for whatever
reason, has dropped Azuma, employed in the rejection of claim 1
to teach a claw and stopper ledge arrangement for clamping a
disk, in this rejection.
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