Appeal No. 96-0638
Application 08/074,546
means as a cover pivoting means. The claim requires that the second cover be pivotally
mounted on the first cover. Mere appearances in Tobimatsu would indicate that lid 4 may
be construed as being pivotably mounted on the tape holder 12. However, the opposite is
true since it is the cassette holder 12 that actually pivots with respect to or in association
with the lid 4 as the lid 4 moves. The examiner’s position is misplaced that the
corresponding linkage structure in Tobimatsu causes the cover "pivoting" means as
claimed to pivotably move the lid 4 at a preselected angle relative to the first cover or tape
holder 12. The linkage structure in Tobimatsu in fact causes the pivoting action of the tape
holder 12 to occur responsive to the movement of the lid 4 at a predetermined angle with
respect to the tape recorder housing 2/39. The lid 4 does not move responsive to the
rotational motion of the tape holder 12 relative to the tape recorder housing in the manner
argued by the examiner but rather the linkage mechanism causes the tape holder 12 to
move in a pivoting motion with respect to the rotational motion of the lid 4.
In view of the foregoing, we have reversed all of the art rejections of the claims on
appeal. We have, however, sustained the rejection of claims 14 and 15 under the second
paragraph of 35 U.S.C. § 112, even though we have reversed the rejection of claims 12
and 13 on this statutory basis. Therefore, the decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED-IN PART
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