Ex parte KATO et al. - Page 9




          Appeal No. 1997-3478                                                        
          Application 08/397,648                                                      


          agree with appellants that one of ordinary skill in the art                 
          would not have found it obvious to "optimize" in order to                   
          achieve these shapes for the back wall, especially since                    
          Fujita is not concerned with sticking of multiple disc                      
          cassette shutters as are appellants.                                        
               Although we find that the examiner originally set forth a              
          prima facie case of obviousness, we must agree with appellants              
          that a disc cassette having an inclined back wall is not                    
          specifically taught or suggested by the applied references.                 
          Thus, we find that appellants have successfully rebutted the                
          examiner’s prima facie case, and we will reverse the                        
          rejection.                                                                  







               In view of the foregoing, the decisions of the examiner                
          rejecting claims 1 to 6 under 35 U.S.C. § 103 are reversed.                 
                                      REVERSED                                        




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