Appeal No. 95-2979
Application No. 08/093,571
guide means “in order to facilitate correctly inserting a
compact disk. . .minimizing the chance of damaging the compact
disk (CD).” It is appellants who have taught this and not the
prior art cited by the examiner. Therefore, the examiner
appears to be implying that it would have been obvious to do
what appellants have done simply because appellants have
done it. This, of course, is not a cogent basis for a
finding of obviousness within the meaning of 35 U.S.C.
' 103. While the prior art certainly shows ways of
facilitating the correct insertion of a disc, those ways do
not include or suggest appellants’ escutcheon-lens
construction with the restrictor and disc guide means as
claimed.
The Yabuki reference is relied on by the examiner for
the teaching of providing for the claimed door fastened to
a door frame having a slit operable by a compact disc.
While Yabuki may provide for such a teaching, the reference
fails to provide for the deficiencies, noted supra, with
regard to the primary references. Accordingly, Yabuki is of
no help in providing evidence for the obviousness of having
the claimed guide means located at and affixed behind the
door to the escutcheon-lens construction on only one side of
the disc opening and extending internally thereof.
The examiner has failed to establish a prima facie case
of obviousness with regard to the instant claimed subject
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