Ex parte WU - Page 6




          Appeal No. 97-0445                                                          
          Application 08/170,020                                                      


              Rejection of Claims 1, 4, 7 and 8 under 35 U.S.C. § 102                 

                    The Examiner has rejected these claims as being                   
          anticipated by Hasegawa.  We take claim 1 as representative.                
          We have considered Appellant's arguments [brief, pages 4] and               
          Examiner’s position and response [answer, pages 3 and 8] in                 
          regard to claim 1.  We find that Hasegawa does anticipate                   
          claim 1.  Hasegawa discloses: “a plurality of ... disk holders              
          ... where each ... a cutout portion” [claim 1, lines 3 to 5]                
          in the form of holders 1 and 3, with respective cutout 5 and                
          9, figure 1; “a compact disk player assembly movable ...                    
          cutout portion of the holders” [claim 1, lines 6 to 8] in                   
          figure 10 where disk                                                        


          player assembly comprising of 13, 14 and 15 moves vertically;               
          “means ... moving said assembly ... therethrough” [claim 1,                 
          lines 9 to 11] in figure 10 and also figure 1 where selection               
          of the disk to be played and the vertical movement of the                   
          assembly is shown; and “means for moving the holder ... within              
          the player” [claim 1, lines 12 to 18] is shown in figures 1,                
          2, and 10 where the cache position is defined as where the                  

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