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Ex parte NAITO - Page 14
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Board of Patent Appeals and Interferences > 1998 > Ex parte NAITO - Page 14
Appeal No. 95-2898
Application 08/053,193
surface, i.e., to secure the disk firmly, mechanical stabil-
ity, etc., and applies the spring loaded mechanism shown in
Figure 1(c) of Azuma to Kikuchi in order to obtain the benefits
of Azuma. However, even if, arguendo, the artisan would have
been led to modify Kikuchi in this manner and even if, arguendo,
the artisan would have found it obvious to replace the three
protrusions 56 of Kikuchi with the spring loaded mechanism of
Azuma, it is my opinion that the claimed subject matter would
still not be reached.
Claim 1 calls for a cylindrical wall extending from the
bottom disk-shaped portion of the center core and a “stopper
ledge” projecting outwardly from an outside peripheral surface of
the wall and abutting on a lower surface of the optical disk. If
the spring-loaded mechanism of Azuma were to be incorporated in
Kikuchi, the bottom of the disk would rest on the bottom portion
9 of the spring-loaded mechanism in which case, this bottom
portion 9 would have to be the claimed “stopper ledge.” While
that interpretation might be reasonable, the last part of the
claim requires that the plurality of first wall portions each be
formed with one of the claws and that the plurality of second
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Last modified: November 3, 2007
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