Appeal No. 1997-3482
Application No. 08/431,779
the completed structure of Weavers’ cassette, the tab 60 and
chamber 56 are mated in a “near” friction fit resulting in the
creation of a gap and, thereby, in the words of claim 1, “not
secured to each other.”
For the above reasons, the Examiner’s 35 U.S.C. § 102(b)
rejection of independent claims 1 and 8 is sustained.
Dependent claims 2-5 have not been separately argued by
Appellants and, accordingly, these claims will be treated as
falling with their parent claims. See In re Young, 927 F.2d
588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991); In re
Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.
1987); and In re Wood, 582 F.2d
638, 642, 199 USPQ 137, 140 (CCPA 1978). Thus, it follows
that the examiner's rejection of claims 2-5 under 35 U.S.C. §
102(b) is also sustained.
We next consider the Examiner’s rejection of dependent
claims 7 and 9 as anticipated by Weavers. Unlike independent
claims 1 and 8 discussed supra, claims 7 and 9 include a
positive recitation of a disk-shaped storage medium included
in a cartridge shell. Claims 7 and 9 further recite:
wherein the two ribs form a rib wall defining
a compartment which separates the disk-shaped
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007