Appeal No. 1997-2316 Application No. 08/329,616 (Supplemental Reply Brief, pages 2 and 3) that: All of the claims 1-11, 14, 17 and 18 require a single tray with three concentric recesses, at least one of which is circular to accommodate a so-called “naked disc” and another of which is rectangular to accommodate a cartridge. As in claims 12 and 15, the first recess accommodates a disc which is larger in diameter than the disc accommodated in the second recess. The third recess is the smallest. In claims 1-11, the third recess is rectangular. In claims 12-18, the second recess is rectangular. To obviate these claims the Examiner now combines two references, Suzuki ‘961 modified in view of Suzuki ‘465 to have a single tray with the claimed arrangement of three recesses for accommodating naked discs and cartridges. However, Suzuki ‘465 specifically teaches that if discs and cartridges are to be loaded, then separate trays must be used. See page 8, lines 6-17 of the Suzuki ‘465 English translation: “... [A] system directly employing discs is readily realized in an identical information recording/reproducing device by replacing the cartridge tray with a tray provided with multiple steplike disc-shaped slots.” [Emphasis provided]. This arguably defeats the Examiner’s rationale for the modification of Suzuki ‘961 and is exactly the opposite of what is taught and claimed by the Applicants. Suzuki ‘961 does disclose a tray which can accommodate a naked disc or the same disc in a cartridge, however there appears to be no suggestion of a single tray accommodating any one of a combination of three different sized discs, one of them larger than the disc in a cartridge. Suzuki ‘961 and ‘465 only disclose two recesses. 6Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007