Ex parte NAITO - Page 6




          Appeal No. 95-2898                                                          
          Application 08/053,193                                                      



                    As pointed out above, Kikuchi fails to teach claws                
          which engage an upper surface of the optical disk.  Kikuchi                 
          teaches protrusions 56 for engaging the optical disk into proper            
          position.  Appellants argue on page 1 of the reply brief that the           
          Kikuchi protrusions 56 do not engage the upper surface of the               


          optical disk, but instead engage the cylindrical opening in the             
          center of the disk.  We agree.  However, the Examiner did not               
          rely upon Kikuchi solely but relies on the combination of Kikuchi           
          and Azuma.                                                                  
                    In figures (a) and (c), Azuma teaches claws 10 which              
          engage an upper surface of the optical disk.  The Examiner argues           
          that it would have been obvious to those skilled in the art to              
          modify the Kikuchi center core 50 shown in Figure 5 by providing            
          the Azuma claw 10 and spring 13 in the Kikuchi center core 50 at            
          a position above the Kikuchi protrusion 56 as recited in                    
          Appellants' claim 1.                                                        
                    The Appellants argue on page 2 of the reply brief that            
          it is only obvious in view of Appellants' teachings that Kikuchi            
          could be combined with Azuma.  Thus, the Appellants have raised             
          the question whether it is proper to combine Kikuchi and Azuma.             


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