Ex parte ARRIS et al. - Page 4




          Appeal No. 1998-2501                                                        
          Application No. 08/534,149                                                  


               Nevertheless, we will not sustain the rejection of claim               
          15 under 35 U.S.C. 102(b) in view of Kukreja because                        
          anticipation requires a single prior art reference to                       
          disclose, expressly or under the principles of inherency, each              
          and every element of a claimed invention as well as disclosing              
          structure which is capable of performing the recited                        
          functional limitations.  RCA Corp. V. Applied Digital Data                  
          Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.                    
          Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and                 
          Assoc. Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ                 
          303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).               
               Instant claim 15 sets forth that the door engaging end                 
          and the rear edge of the door interact to force the door open               
          when the tape cartridge is inserted into the tape drive “in a               
          direction transverse to the edge wall.”  It is clear from                   
          Figure 1 of Kukreja that the direction of insertion of the                  
          cartridge into the tape drive is parallel, and not transverse               
          to, the edge wall of the cartridge in which the door, 26,                   
          covering the opening of the cartridge is located.  The                      
          examiner contends that the opening 24 of Kukreja is defined by              
          many edge walls of which only two are not transverse to the                 
                                         -4-                                          





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007