Ex parte BEAL et al. - Page 6




              Appeal No. 1998-2514                                                                                     
              Application No. 08/426,917                                                                               

              from shelves in stocker 2 (Fig. 1).  A sensor 64 on body 29 detects a rear face of cartridge             
              1.  As shown in Figure 6, leaf springs 53 and 52 support cartridge 1 as it is drawn into, or             
              pushed from, inserting and retrieving mechanism 4.                                                       
                     Instant claim 1 requires, inter alia, that the cassette transport unit include "a plate           
              having a longitudinal axis which extends in the direction of a first axis, said plate having a           
              cassette supporting segment and being movably mounted to said cassette transport unit,"                  
              and further a "first means" and a "third means" with functions related to movement of the                
              "cassette supporting segment."                                                                           
                     The rejection is unclear with regard to what element or elements in claim 1 is                    
              interpreted as a "gripper mechanism," for which the Answer (at 5-6) turns to Motoyoshi.                  
              However, a structure corresponding to the "plate" required by claim 1 has not been shown                 
              in either of Suzuki or Motoyoshi.  Nor has any suggestion been shown from the combined                   
              teachings of the references which renders obvious the above-noted language.  As the                      
              examiner acknowledges (id. at 4), Suzuki discloses belts and rollers (Fig. 2B) for                       
              conveying the cassette 1.                                                                                
                     Although seemingly inconsistent with earlier findings, the Answer at page 15 states               
              that a "plate like the one shown in Blumberg (179) would be incorporated into the device of              
              Suzuki et al as part of the modification."  Blumberg discloses (Figs. 11-13; col. 13, li. 64             
              through col. 15, li. 41) a cassette lifting arm 179 which more nearly meets the structural               
              requirements of the claim 1 plate than does "plate" 29 of Motoyoshi.  However, the                       

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