Ex parte POLLARD - Page 12




          Appeal No. 97-1758                                        Page 12           
          Application No. 08/326,721                                                  


          15.  Because neither Glover, Dimitri, Jadrich, nor Wanger                   
          cures the deficiencies in the combination of Fago and Lissner,              
          we also cannot sustain the rejection of dependent claims 3 and              
          16-18.  Accordingly, we find the examiner’s rejections of                   
          these claims do not amount to a prima facie case of                         
          obviousness.  Because the examiner has not established a prima              
          facie case, the rejection of claims 1, 3-8, and 15-18 is                    
          improper.  Therefore, we reverse the rejection of the claims                
          1, 3-8, and 15-18 under 35 U.S.C. § 103.                                    


               Regarding independent claim 9, the examiner notes that                 
          Dimitri discloses a disk cartridge storage and retrieval                    
          system comprising a worm screw, a carriage, and a nut assembly              
          engaging the worm screw as claimed.  He also observes that                  
          Fago teaches a disk cartridge storage and retrieval system                  
          comprising a shaft and a carriage engaged to the shaft by a                 
          bushing.  The examiner admits, “Dimitri in view of Fago Jr.                 
          does not disclose a flexure coupled to said nut assembly, or a              
          particular structure of said flexure.”  (Final Rejection at                 
          9.)                                                                         









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