Ex parte MARKUS - Page 6




          Appeal No. 97-2626                                                          
          Application 08/234,502                                                      
          device to further inhibit insertion of an incorrectly sized                 
          cassette.  (id. at 8).                                                      
                          Narita ‘93 in view of Narita ‘92                            
                    12. Narita ‘92 generally teaches a device for                     
          preventing the accidental opening of a cassette cover.                      
                    13. The examiner alleges that Narita ‘92 shows in                 
          figures 1-5 a means for blocking (10) an object having a                    
          height less than a correct height, a means for urging (8) the               
          object towards the top side, means for detecting (11) a                     
          correct height, and a means for disabling (discontinue                      
          blocking) 10 if a correct height is detected.  (id. at 6).                  


                              The examiner’s rationale                                
                    14. According to the examiner, the subject matter of              
          claims 49, 51, 57, 59, 61, and 62 would have been obvious                   
          within the meaning of 35 U.S.C. § 103 over Narita ‘93 in view               
          of Narita ‘92 (id. at 14).  The examiner reasons that it would              
          have been obvious to combine Narita ‘93 and ‘92, since doing                
          so “would further inhibit the insertion of undersized foreign               
          objects.”  (id. at 14).                                                     
               B.   Discussion                                                        
                    1.   The rejection based on 35 U.S.C. § 112                       
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