Appeal No. 1997-3482
Application No. 08/431,779
storage medium from other portions of the
cartridge interior, ...
In concluding that Weavers discloses these limitations,
the Examiner refers to a passage at column 1, lines 49-52 of
Weavers which states:
[t]he invention also can be used for the breakout
tab of any recording cassette, cartridge or
magazine, all of which are below called “cassette”.
We agree with Appellants, however (Brief, page 10), that
this minimal disclosure of Weavers does not contemplate the
“disk-shaped storage medium” of claims 7 and 9 and most
certainly not the explicitly stated compartmental rib wall
separating structure limitations. Accordingly, the Examiner’s
35 U.S.C.
§ 102(b) rejection of dependent claims 7 and 9 is not
sustained.
Turning to the obviousness rejection of claims 6, 10, and
11, we note that in rejecting claims under 35 U.S.C. § 103, it
is incumbent upon the Examiner to establish a factual basis
to
support the legal conclusion of obviousness. See In re Fine,
837
F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so
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