Appeal No. 97-0445
Application 08/170,020
cutout 9 of holder 3 is aligned so that player assembly 13,14
and 15 can move up through the cutout portion [figure 10].
The selection position is defined as where the assembly 13, 14
and 15 moves up vertically and is positioned right below the
selected disk in the disk holder 1 [figure 10] and lifts up
the disk from holder to play. The clause qualifying the
holder in the last paragraph of claim 1, namely:
“corresponding to the assembly when the assembly is in its
operating position relative to said holder” [lines 12 and 13]
is broad and can be interpreted to mean that the term
“corresponding to the assembly" could be considered as
corresponding to either holder 1 or 3. The term “operating
position” could hold true for any vertical location of the
assembly as the assembly can be considered in its operation
position relative to said holder in any position. This
qualifying language does not support the argument by Appellant
about Hasegawa “that there is no need for the extended travel
which is required by lifter (10) to clear all the holders
prior to the next selection phase” [brief, page 5]. We,
therefore, conclude that Hasegawa anticipates claim 1 and we
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