Ex Parte Gelardi - Page 19



          Appeal No. 2004-1302                                                        
          Application No. 09/789,757                                                  

               formed concentrically with the upraised central hub                    
               portion 224 and, optionally or preferably, extending                   
               outward into the adjacent annular area 222, such that                  
               the upwardly extending hub portion 224 may be                          
               diametrically constricted or contracted resiliently when a             
               recording disk having a nominally smaller center aperture is           
               pushed downwardly concentrically over the slotted, upraised            
               hub portion 224, to thereby receive and securely retain such           
               disk in place.                                                         
               Wynalda explains the advantage of providing for different              
          hub configurations at column 4, lines 51-65, as follows:                    
               [E]ach of the different types of hub configurations                    
               116, 216, and 316 . . . are made to be interchangeably                 
               mountable on the record-holder 10 to accommodate                       
               different manufacturers and/or packagers, thereby                      
               providing a packaging flexibility not previously                       
               available.  This allows a basic, standardized                          
               record-holder 10 to be manufactured and held in                        
               inventory, to be joined with any of several different                  
               types of center hub structure when and as desired,                     
               thereby obviating the necessity of manufacturing and                   
               storing each of a number of different types of                         
               record-holders which principally vary from one another                 
               only by the disk-mounting central hub structure.                       
               Appellant contends (brief, page 31) that “Blanco desires and           
          teaches, and has no choice but to provide concentric spindle 46             
          with ridge 48 to hold the compact discs . . . [and that] [a]ny              
          effort to change that recessed spindle into a boss will do harm             
          to the Blanco device by preventing accommodation of the floppy              
          discs.”  Why this is so is not apparent to us.  Simply put, we              
          find nothing in Blanco which precludes the use of a hub                     

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