Ex parte BYDALEK - Page 5




          Appeal No. 95-3918                                                          
          Application 07/971,274                                                      

          the invention was made to provide the disk container of Inaba               
          with a base comprising a plurality of ribs extending inwardly               
          from the upright walls as shown by Larson so as to provide                  
          structural support to the base housing of the disk container,               
          thereby preventing undue damage to the disk (Examiner’s Answer              
          at page 5).  The examiner also reasons that it would have been              
          obvious to a person of ordinary skill in the art to furnish                 
          the disk recorder container of Inaba with an interior wall                  
          providing a friction fit at the periphery of the disk so that               
          the disc would have been released by flexing the disc holder                
          (Examiner’s Answer at page 6).                                              
                    Appellants argue that Inaba requires two sides of a               
          holder to hold the disc in place while in appellant’s disc                  
          holder the disc is held solely by friction fit.                             
                    We agree with appellants.  In addition, as the disc               
          in Inaba is held in place by the cooperating plates, we can                 
          ascertain no motivation in the prior art to modify Inaba so as              
          to provide a friction fit even if we assume that Specter                    
          discloses a friction fit.  Finally, as Inaba discloses a disc               
          with a hub which is held in place by cooperating plates,                    
          Larson discloses a disk assembly in which the disk is held by               

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