Appeal No. 95-3161
Application 08/090,921
321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1990); In re Yamamoto,
740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir. 1984); In re
Pearson, 494 F.2d 1399,
1404, 181 USPQ 641, 645 (CCPA 1974); In re Prater, 415 F.2d
1393, 1404, 162 USPQ 541, 550 (CCPA 1969). It cannot be
disputed that the point or focus is on ensuring the proper
orientation of the magazine.
We also reject the appellants’ argument that Tamachi does
not disclose a flipper cartridge retainer mechanism to
releasably hold the cartridge within the flipper. While it is
true that the part 41 referenced by the examiner is a portion
of the picker mechanism which pulls a cartridge from the
stacker into the flipper 26, the same part continues to hold
the cartridge in the flipper while the cartridge is being
carried or moved by the flipper. The examiner is correct that
Tamachi discloses a flipper mechanism 26 which includes a
flipper cartridge retainer mechanism. Undoubtedly, part 41 is
a portion of the flipper
mechanism 26. It is inconsequential that the same structure
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