Ex parte FITZGERALD et al. - Page 2




            Appeal No. 95-3161                                                                          
            Application 08/090,921                                                                      


                             References relied on by the Examiner                                       

            Taylor et al. (Taylor) 5,153,862                             Oct. 06, 1992                  

            Tamachi                       JA 64-50275                          Feb. 27,                 
            1989                                                                                        
            (Japanese patent)                                                                           
                                     The Rejections on Appeal                                           
                  Claims 1, 5 and 9 stand finally rejected under 35 U.S.C.                              
            § 112, second paragraph, as being indefinite.                                               
                  Claims 1, 5, and 9 also stand finally rejected under 35                               
            U.S.C. § 103 as being unpatentable over Tamachi and Taylor.                                 
                                            The Invention                                               
                  The invention is directed to an optical disk cartridge                                
            handling apparatus.  The sole independent claim, claim 1, is                                
            reproduced below:                                                                           
                  1. An optical disk cartridge handling apparatus for                                   
                  storing, handling, reading and writing of optical discs                               
                  stored in cartridges which store data, comprising:                                    
                        (a) an enclosed cartridge magazine for                                          
                        protection of the cartridges with an open front                                 
                        removable from the apparatus for loading and                                    
                        unloading all the cartridges as a group in the                                  
                        apparatus, the magazine having slots and                                        
                        cartridge retainer means therein for vertically                                 
                        storing and releasably holding the cartridges,                                  
                        and a cartridge magazine alignment means, to                                    
                        index and guide the magazine in one way only                                    
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