Ex parte CASEY et al. - Page 4




          Appeal No. 96-1668                                                          
          Application 08/231,258                                                      


          view in Figure 4 and from a top view in Figures 3 and 5.  Note              
          the translation pages 8 and 9 and the discussion at the bottom              
          of page 10 and the top of page 11.                                          
               We do not agree with the examiner's rationale expressed                
          at the bottom of page 4 of the answer that placing a shaft or               
          pivot or post such as post 26 in Sony within the boss 70 of                 
          the admitted prior art in Figure 5 of the specification as                  
          filed would have been obvious to the artisan since, according               
          to the examiner, it would have provided a more stable pivot                 
          for the rotational erasure preventing device.  It appears to                
          us that the artisan would have well appreciated that the prior              
          art starting point cartridge relies upon bosses in the top and              
          bottom portions into which the cylindrical thumb wheel 58                   
          would rotate.  It would appear to us to have been basically                 
          stable for its known purposes in use.  The end of                           
          representative claim 1 on appeal indicates that the post                    
          located within the boss is utilized to align the cover to the               
          erasure preventing device during assembly.  There are no                    
          teachings in Sony that would have so indicated that the pin or              
          post 26 aides in the assembly of the device.  Significantly,                


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