Ex parte NAYAK - Page 3




          Appeal No. 1998-1798                                       Page 3           
          Application No. 08/596,538                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a tape moving                     
          mechanism using a direct drive motor.  A copy of the claims                 
          under appeal appears in the appendix to the appellant's reply               
          brief.                                                                      


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Ohkubo et al. (Ohkubo)        5,272,579                Dec. 21,             
          1993                                                                        



               Claims 1 to 9, 17, 19 and 20 stand rejected under 35                   
          U.S.C. § 112, second paragraph, as being indefinite for                     
          failing to particularly point out and distinctly claim the                  
          subject matter which the appellant regards as the invention.                


               Claims 1 to 9, 17, 19 and 20 stand rejected under 35                   
          U.S.C. § 103 as being unpatentable over Ohkubo.                             


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 







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