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Ex parte NAITO - Page 12
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Board of Patent Appeals and Interferences > 1998 > Ex parte NAITO - Page 12
Appeal No. 95-2898
Application 08/053,193
KRASS, Administrative Patent Judge, Dissenting-in-Part:
While I agree that the rejection of claims 5, 10 and 11
under 35 U.S.C. § 103 should be reversed for the reasons set
forth by the majority, I would also reverse the rejection of
claim 1 under 35 U.S.C. § 103.
Claim 1 requires, inter alia, “claws formed in said
wall portion which project from said outside peripheral surface
of said cylindrical wall and which engage an upper surface of
said optical disc so as to clamp said optical disk between said
stopper ledge and said claws.”
The examiner identifies protrusions 56 in Figure 5 of
Kikuchi as the claimed “claws.” However, as the majority and the
examiner recognize, the protrusions 56 of Kikuchi do not engage
an upper surface of the optical disk. These protrusions aid in
gradually and firmly pushing the hub into the circular hole of
the disk by application of pressure [column 6, lines 51-52 of
Kikuchi] and hold the disk to the hub, or vice versa, but nowhere
in Kikuchi is there any suggestion of clamping the disk between a
stopper ledge and claws, as required by instant claim 1.
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Last modified: November 3, 2007
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