Ex parte MARTIN et al. - Page 7




          Appeal No. 97-0145                                                          
          Application 08/073,327                                                      


          in the self evident advantage of ease of aligning the base and              
          the cover as they are being joined, which would have been known             
          to the artisan, as well as Bettinger’s explicit teaching that               
          embodiments utilizing both non-angled and angled walls are usable           
          in joining the base and the cover of a tape cartridge (columns 3            
          and 4).  Thus, the teachings of Bettinger establish a prima facie           
          case of obviousness with regard to the subject matter of claim              
          13.                                                                         
               The examiner has rejected claim 14 as being unpatentable               
          over Bettinger in view of the admitted prior art contained in the           
          appellants' specification.  Bettinger does not disclose any                 
          technique for attaching together the base and the cover of the              
          cartridge, however, one of ordinary skill in the art would have             
          recognized that it is implicit in this reference that such means            
          must be provided, or else the cartridge would be inoperative for            
          the purpose intended.  On page 2 of their specification, the                
          appellants' state that it was known at the time of their                    
          invention to ultrasonically weld together the two portions of a             
          tape cartridge.  It therefore is our opinion that one of ordinary           
          skill in the art would have found it obvious to utilize such a              
          method for attaching together the base and the cover of the                 
          Bettinger cartridge.  In the course of this it further would have           

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