Ex parte TANIAI et al. - Page 6




          Appeal No. 96-2742                                                            
          Application No. 08/311,371                                                    


          electrical instruction signals to the recording and                           
          reproducing unit without going through the control means.                     
               For the loading instruction signals from the carrying                    
          means to the recording and reproducing unit, the examiner                     
          relies (Answer, page 6) on lines 2-8 on page 6 of appellants'                 
          specification:                                                                
                    The carrying apparatus 8 . . . inserts such                         
               medium to the loading unit 6a of the recording and                       
               reproducing unit 6, causes the loading unit 6a to                        
               insert the recording medium into the loading unit 6a                     
               and thereafter causes the carrying mechanism 8a to                       
               be retired . . . .                                                       
          The examiner asserts (Supplemental Answer, pages 1 and 2) that                
          the above-noted portion discloses that the carrying apparatus                 
          "causes the loading unit 6a" to do something, and "[t]o cause                 
          such an action, some sort of signal must be sent (via a                       
          mechanical, electrical or other medium)."                                     
               In quoting the above portion (Answer, page 6), the                       
          examiner substitutes "read/write processing unit 6b" for the                  
          last occurrence of "loading unit 6a" as "an attempt to make it                
          read as it is believed [was] intended" (Supplemental Answer,                  
          page 2).  Further, the examiner alludes to a potential issue                  
          under 35 U.S.C. § 112, first paragraph.  Thus, the examiner                   

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