Appeal No. 95-3161
Application 08/090,921
serves additional functions as a part of another mechanism.
We are persuaded by the appellants, however, that the
examiner erred in finding that Tamachi discloses a picker
mechanism which is along, below, and adjacent the flipper
mechanism. As is clearly shown in Tamachi’s drawings, and as
pointed out by the appellants, Tamachi discloses an integrated
flipper and picker mechanism wherein the picker mechanism is
actually contained within the flipper mechanism 26. No
portion of parts 41a, 41b, 41c, 41d, or 30-46 inclusively, can
reasonably be deemed to be below the flipper mechanism 26.
The examiner has not demonstrated the reasonableness of his
finding that Tamachi’s picker mechanism is below the flipper
mechanism 26 which includes the entirety of the structure
shown in Tamachi’s Figures 3 and 4. While the claim does not
preclude having portions of the picker mechanism level with or
above the flipper mechanism, at least a significant or
substantial portion of the picker mechanism, if not the bulk
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