Ex parte SHIBUYA et al. - Page 10




          Appeal No. 1997-1503                                      Page 10           
          Application No. 08/422,649                                                  


          manually on the floor plate 230 through the front opening 238"              
          of the loading chute 36.  Col. 13, ll. 6-7.                                 


               Furthermore, the examiner has not identified anything in               
          the prior art that would have suggested bypassing the loading               
          chute 36 of Jenkins in favor of direct entry of cartridges                  
          into the drum unit 40.  To the contrary, Jenkins aims to                    
          “mak[e] it impossible for anyone to be injured,” col. 3, l.                 
          30-31, by its tape library and to ensure that the library is                
          “fool-proof and vandal free.”  Id. at l. 31.  Specifically,                 
          the reference ensures that “no one can . . . place a cartridge              
          directly in a drum where the computer control cannot find it.”              
          Col. 3, ll. 32-36.  In view of these teachings, the examiner’s              
          conclusion amounts to impermissible reliance on the                         
          appellants’ teachings or suggestions.                                       


               For the foregoing reasons, we are not persuaded that the               
          prior art would have suggested a door that permits a large                  
          number of cartridges to be directly entered, all at once, into              
          the cells of a cell column in a cell unit as claimed.  The                  
          examiner has not established a prima facie case of                          







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