Ex parte KAJIYAMA et al. - Page 5




          Appeal No. 1997-2316                                                        
          Application No. 08/329,616                                                  


               All of the claims on appeal require the disk loading                   
          device tray to have at least one circular positioning recess                
          and a rectangular positioning recess.  The circular                         
          positioning recess holds a circular disk, and the rectangular               
          positioning recess holds a disk cartridge.  The diameter of                 
          the disk in the disk cartridge has a smaller diameter than the              
          diameter of the circular positioning recess.                                
               The examiner is of the opinion (Answer, page 4) that the               
          combined teachings of Suzuki ‘962 and Suzuki ‘465 would result              
          in a “single tray with multiple recesses to hold a plurality                
          of discs.”  Inasmuch as Suzuki ‘465 teaches the use of a tray               
          with a plurality of disk cartridges or a tray with a plurality              
          of disks, the combined teachings of the two Suzuki references               
          would have only suggested the use of two trays, as in Suzuki                
          ‘962, with a plurality of disks in one of the trays and a                   
          plurality of disk cartridges in the other tray (Brief, page                 
          7).  For this reason, the obviousness rejection of claims 1                 
          and 3 through 18 based upon the teachings of Suzuki ‘962 and                
          Suzuki ‘465 is reversed.                                                    
               Turning to the obviousness rejection based upon the                    
          teachings of Suzuki ‘961 and Suzuki ‘465, appellants argue                  
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