Appeal No. 96-0638
Application 08/074,546
In reversing the rejection in independent claims 1 and 7 on appeal, we are in
general agreement with appellants’ basic assertion that the single lid structure 4 of
Tobimatsu does not meet the cover structure set forth in these claims. The examiner’s
view that Tobimatsu’s cassette holder 12 corresponds to the claimed first cover in each of
these claims is understood since that element 12 holds and encases the tape cassette 11
in this reference. The second clause of claims 1 and 7 requires that the second cover of
the claim cover the entire tape cassette in cooperation with the stated first cover when the
first cover is closed with respect to the tape recorder body. As disclosed and claimed
then, when closed, covers 4 and 3 of the disclosed invention both cooperate to completely
cover over cassette T when the first cover 3 is closed with respect to the tape recorder
body 2. In Tobimatsu, when the lid 4 is closed, it alone covers completely the cassette 11
in this reference thereby not requiring any cooperation with the cassette holder 12 to cover
the cassette 11 in the closed position of the tape holder 12. See Figures 1B, 1C, 2B and
2C. The examiner’s position does not take into account this corresponding language of
independent claims 1 and 7 on appeal.
We also reverse the rejection of independent claim 1 since the lid 4 of Tobimatsu is
not movable along said first cover (the cassette holder 12) of Tobimatsu in the manner set
forth in the second clause of claim 1 on appeal according to the examiner’s position. The
actual operation of Tobimatsu’s cassette holder 12 and lid 4 is the opposite. Tobimatsu’s
tape holder 12 may be fairly said to move along said lid 4. As such, the actual operation of
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