Appeal No. 1998-3420
Application 08/597,033
anticipated by Cheng, we note that in this instance we agree
with the examiner as to claims 14, 22 and 23, but not with
regard to claims 16 through 19.
Cheng discloses a disc package apparatus as in
appellants’ claim 14 on appeal, wherein the apparatus (e.g.,
Fig. 4) includes a tray (1) and a rosette structure which has
a generally disc-shaped base (2), disc-engaging petals (5)
extending generally perpendicularly from the top surface of
the base, and spaced prongs (7) extending generally
perpendicularly to the base from a bottom surface of the base.
Appellants’ argument in the brief (pages 10-11) and in the
reply brief appears to be based on the belief that claim 14 on
appeal is
somehow limited to the prongs per se holding the rosette in
the central hole of the tray and in the tray base, i.e., that
the prongs directly engage the base to hold the rosette in the
central hole. However, we do not view appellants’ claim 14
to be so limited.
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