Ex parte NAITO et al. - Page 8



            Appeal No. 96-0496                                                                           
            Application No. 08/131,332                                                                   

                  Accordingly, we will not sustain the rejection of either                               
            independent claim 11 or independent claim 12 under 35 U.S.C.                                 
            '  103.                                                                                      
                                        INDEPENDENT CLAIM 16                                             
                  Independent claim 16 requires a support portion “wherein a                             
            support portion for supporting a peripheral edge of the overwrite                            
            type magneto-optical disk is projected from at least one of                                  
            facing upper and lower sides of the cartridge casing.”                                       
                  The examiner relies on Kato’s teaching of the                                          
            interconnection of bosses 15 and cylindrical portions 16 for                                 
            concluding that it would have been obvious to provide the                                    
            cartridge of Tadokoro with corner support portions, the rationale                            
            being “to make the housing stronger” [page 8-supplemental                                    
            answer].  We disagree.                                                                       
                  The bosses and cylindrical portions of Kato provide for the                            
            interconnection of disk cartridge casings.  However, there is no                             
            indication, teaching or suggestion by Kato that these “support                               
            portions” act, in any manner, to support “a peripheral edge of                               
            the overwrite type magneto-optical disk,” as claimed.                                        
                  Accordingly, we will not sustain the rejection of claims 16                            
            through 18 under 35 U.S.C. '  103.                                                           
                                              CONCLUSION                                                 
                  We have not sustained the rejection of claims 5, 6, 9                                  
            through 12 and 16 through 18 under 35 U.S.C. '  103.                                         

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