Ex parte MASAKI et al. - Page 16




          Appeal No. 1998-0146                                                        
          Application 08/407,058                                                      

          ordinary skill in the art would have looked to Nonaka for a                 
          solution to the problem of cleaning a lens in an optical                    
          disk driver.  However, the Examiner's reasoning that it                     
          would have been obvious to alternate the direction of                       
          rotation of the cleaning disk because this would "wear the                  
          cleaning member and clean the objective lens more evenly,                   
          providing longevity for the cleaning disk" (FR4; EA5), is                   
          logical by itself without Nonaka.  When the lens is brushed                 
          in only one direction, the lens will not be cleaned evenly                  
          on both sides and the hairs on the brush will tend to wear                  
          from the side that hits the lens first.  On the other hand,                 
          without a reference, it is difficult to say that this is not                
          hindsight based on Appellants' disclosure.  On balance, we                  
          conclude that the Examiner's reasoning needs to be supported                
          by a reference (other than Nonaka).  Accordingly, we                        
          conclude that the Examiner has failed to establish a prima                  
          facie case of obviousness with respect to claim 2.  The                     
          rejection of claim 2 is reversed.                                           






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