Ex parte NAITO et al. - Page 6
Legal Research Home >
Board of Patent Appeals and Interferences > 1998 > Ex parte NAITO et al. - Page 6
Appeal No. 96-0496
Application No. 08/131,332
material of the cartridge casing at facing upper and lower sides
thereof.” See Figure 3(a) of the instant disclosure.
Recognizing this deficiency in Tadokoro, the examiner cites
Nemoto, noting the disclosure therein of a yoke 7 and a core
member 6 having indentations in which the yoke is attached. The
examiner contends that it would have been obvious to apply this
teaching of Nemoto to Tadokoro in order to provide for attachment
of the upper and lower arms of the yoke in Tadokoro to
indentations formed in the material of the cartridge. The
examiner’s rationale is that this would
(1) secure the yoke with the cartridge housing, (2)
support the casing of the disk cartridge to provide a
stronger disk cartridge in order to protect the inner
parts of the cartridge and (3) to reduce the thickness
and the material of the cartridge housing [page 6-
supplemental answer].
The examiner’s rationale appears to be based more on
hindsight gleaned from appellants’ disclosure than from any
teaching or suggestion from the applied references. The yoke 7
is not attached to any indentations “formed in the material of
the cartridge casing,” as required by claim 9. The indentations
in Nemoto are in the core member 6 which appears to rotate with
the spindle 4. The core member 6 is not the cartridge casing.
Accordingly, we will not sustain the rejection of claim 9 or 10
under 35 U.S.C. ' 103.
6
Page: 1 2 3 4 5 6 7 8 9 10
Last modified: November 3, 2007
|
