Appeal No. 1997-1230
Application 08/274,807
facie case, the rejection is improper and will be overturned.
In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598-99 (Fed.
Cir. 1988).
Sakaguchi, the examiner’s primary reference, pertains to
a disk cartridge for a disk-shaped recording medium D such as
a compact disk (CD). The invention is not limited to compact
disks but may be applied to various other recording media in
disk form
(column 3, lines 16-25). Sakaguchi’s cartridge includes a
case comprising a lower half 22 constituting a main housing
and an upper half 23 constituting a lid hinged to the lower
half. The lid carries a clamp unit 26 comprising a clamper 40
of plastic material and a magnetic plate 41. The magnetic
plate of the clamp unit is secured to the clamper by means of
retaining projections 42 on the outer periphery of the plate
which cooperate with hook means 50 on the clamper. The clamp
unit 26 is loosely retained in an opening 53 in the lid by a
5
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