Appeal No. 96-0496
Application No. 08/131,332
Tadokoro et al. 4,908,809 Mar. 13, 1990
(Tadokoro)
Kato et al. 4,970,618 Nov. 13, 1990
(Kato)
Ishii 5,206,844 Apr. 27, 1993
Claims 5, 6, 9 through 12 and 16 through 18 stand rejected
under 35 U.S.C. ' 103. As evidence of obviousness, the examiner
cites Tadokoro with regard to claims 5 and 6, adding Nemoto with
regard to claims 9 through 12 and applying Tadokoro together with
Kato with regard to claims 16 through 18.
Reference is made to the briefs and answers for the
respective positions of appellants and the examiner.
OPINION
We reverse.
We agree with the examiner that Tadokoro clearly teaches a
disk cartridge with a cartridge casing, an overwrite type
magneto-optical disk and a magnetic initializing means, as set
forth in independent claims 5, 9, 11, 12 and 16, as well as the
yoke comprising an upper arm and a lower arm arranged as recited
in independent claims 5, 9, 11 and 12.
However, the subject matter of each of the independent
claims differs from that taught by Tadokoro in that which is
recited in the last paragraph in each claim. The examiner
recognizes these differences but contends that the claimed
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