Ex parte KATO et al. - Page 4




          Appeal No. 1997-3478                                                        
          Application 08/397,648                                                      


          evidence of obviousness, the examiner relies upon Fujita.                   
               Rather than repeat the positions of appellants and the                 
          examiner, reference is made to the Brief and the Answer for                 
          the respective details thereof.                                             




                                       OPINION                                        
               It is our view, after consideration of the record before               
          us, that the reference to Fujita and the level of skill in the              
          particular art would not have suggested to one of ordinary                  
          skill in the art the obviousness of the invention as set forth              
          in claims 1 to 6.  In reaching our conclusion on the issues                 
          raised in this appeal, we have carefully considered                         
          appellants’ specification and claims, the applied reference,                
          and the respective viewpoints of appellants and the examiner.               
          As a consequence of our review, we find that the applied prior              
          art to Fujita fails to teach or suggest the feature of                      
          representative claim 1 on appeal of a disc cassette having a                
          rectangular recess with an inclined or angled back wall of                  
          claim 3 of a back wall having perpendicular and inclined                    
          portions, and of claim 4 of a back wall having an inclined                  
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