Ex parte LEE - Page 5




          Appeal No. 96-3388                                         Page 5           
          Application No. 08/036,857                                                  


          matter to a person of ordinary  skill in the art.  If the                   
          examiner fails to establish a prima facie case, an obviousness              
          rejection is improper and will be overturned.  In re                        
          Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.               
          1993).  With this in mind, we analyze the examiner’s                        
          rejection.                                                                  


               Regarding claims 8 and 9, the examiner observes Okamoto                
          teaches a double-sided disk player including first and second               
          parallel rack gears, a semi-circular rack gear, and an optical              
          pickup assembly including an optical lens and drive means.  He              
          admits Okamoto is silent as to a rotating cleaning brush                    
          disposed in the center of an arc of the semi-circular rack via              
          a shaft.  The examiner notes Kusaura discloses a cleaning                   
          brush mounted on a bracket for cleaning the lens of an optical              
          disk player.  (Examiner’s Answer at 3.)  He concludes it would              
          have been obvious to provide Okamoto’s disk player with                     
          Kusaura’s cleaning brush to provide effective cleaning of dust              
          on the optical pickup.  (Id. at 4.)                                         










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