Ex parte HELMICK - Page 14




          Appeal No. 1997-4444                                                        
          Application 08/427,884                                                      

          The tray 62 in Yamakawa which corresponds to the claimed                    
          "reference mechanical structure" is "fixed to" (attached to)                
          the carrier.  Thus, we find claim 4 to be anticipated by                    
          Yamakawa.  The rejection of claims 4-8, 12, and 13 is                       
          sustained.                                                                  

               Claims 21-24                                                           
               Appellant notes that the accessor 20 of Yamakawa requires              
          a different insertion sequence for a tape drive unit versus                 
          for a cell and a different extraction sequence for a tape                   
          drive unit versus for a cell.  Appellant argues that claim 21               
          requires the extracting step and the inserting step to be the               
          same regardless of whether the occupied or vacant unit is a                 
          storage unit or a tape drive unit.                                          
               The Examiner states (EA18):  "The open language of the                 
          claims does not exclude the existence of other steps; also,                 
          the details of the steps are not claimed.  Again, limitations               
          in the specification cannot be read into the claims for the                 
          purpose of avoiding the prior art."                                         
               We agree with the Examiner that the claim language                     
          "without changing said steps (a) through (d) depending upon                 
          said occupied unit being either a tape drive unit or a storage              
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