Ex parte OTA et al. - Page 5




          Appeal No. 97-1198                                                          
          Application No. 08/245,954                                                  


               Appellants argue (Brief, page 6) that "Applicants’                     
          admitted prior art . . . fails to teach or suggest the                      
          required reset means" because "rather than teaching reset                   
          means or a reset circuit that resets the disc player 'in                    
          response to the disc ejecting means ejecting the disc' as                   
          required by the claims, Applicants’ admitted prior art merely               
          teaches a reset switch that resets the disc player in response              
          to an operator activating the reset switch."                                
               We agree.  "Thus, an operator that activates a reset                   
          switch to reset the disc player in response to the ejection of              
          a disc is not the same as or equivalent to reset means that                 
          reset the player in response to the disc ejecting means                     
          ejecting a disc" (Brief, page 11).  The obviousness rejection               
          of claims 1 and 6 is, therefore, reversed.                                  
               The obviousness rejection of claims 2 through 5 and 7                  
          through 10 is reversed because the disk player teachings of                 
          Otsubo do not cure the noted shortcomings in the teachings of               
          Shimada and the admitted prior art.                                         


                                      DECISION                                        


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