Ex Parte MUELLER et al - Page 3




          Appeal No. 2003-0605                                                        
          Application 09/257,322                                                      


               Rather than repeat the positions of the appellants and the             
          examiner, reference is made to the brief and reply brief for                
          appellants' positions, and to the answer for the examiner's                 
          positions.                                                                  
                                       OPINION                                        
               We reverse.                                                            
               As expressed at pages 5 and 6 of the answer, the examiner's            
          rejection is predicated on the view that Ishikawa fails to                  
          disclose the specifically claimed structure of the guide rail               
          mechanism.  The examiner takes the position (answer, pages 5-6)             
          that Ishikawa does provide for the drawer 6 to slide from its               
          retracted to its extended position by means of a guide rail                 
          mechanism which is not described in detail.  Because Cirocco's              
          specific teachings of guide rail mechanisms make up for                     
          Ishikawa's silence as to this matter (answer, page 7), the                  
          examiner considers that it would have been obvious for the                  
          artisan to have utilized the teachings of Cirocco's guide rail              
          mechanism for the non-disclosed corresponding portion in                    
          Ishikawa.                                                                   
               Contrary to the examiner's apparent views, Figures 1-3 of              
          Ishikawa do not show and column 4, beginning at line 15, does not           
          discuss the use of a guide rail mechanism in Ishikawa's cartridge           

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