Appeal No. 97-2421
Application 08/202,411
mechanisms used on phonograph turntables to raise and lower the arm to move the stylus between
specific points. There was a damping device to lower the arm and stylus gradually onto the record,
whereas the device for raising the arm was undamped and very quick. This example illustrates that
it would have been obvious to raise a transducer head more quickly than lowering it.
We have considered appellants' raising and lowering data gathered under various conditions
(specification, pages 45-52), but see nothing in the discussion that would indicate there is anything
unexpected in using a raising speed greater than a lowering speed. The conditions (e.g., P and P ) 12 13
are not described in the claims.
With respect to claim 18, the wire F in Carteau is considered an "elastic member . . . for
applying a force" because it can be deformed. This is consistent with appellants use of the term
"elastically deformed" to describe a bending of the suspension 26 (specification, page 36).
CONCLUSION
The rejections of claims 17-19 and 22-25 are reversed.
A new ground of rejection is entered as to claim 17 and 18 pursuant to 37 CFR § 1.1.96(b).
Any request for reconsideration or modification of this decision by the Board of Patent
Appeals and Interferences based upon the same record must be filed within one month from the date
of the decision. 37 CFR § 1.197. Should appellants elect to have further prosecution before the
examiner in response to the new rejection under 37 CFR § 1.196(b) by way of amendment or showing
of facts, or both, not previously of record, a shortened statutory period for making such response is
hereby set to expire two months from the date of this decision.
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