Appeal No. 1998-0205 Application No. 08/464,150 The examiner relies on the following references: Park 4,757,400 Jul. 12, 1988 Kim 5,355,265 Oct. 11, 1994 (filed Jun. 19, 1992) Claims 6 and 7 are objected to as depending from a rejected base claim. Earlier rejections of Claim 9 have been withdrawn. Rejections of Claims 5 and 8 remain for our review. Claim 5 stands rejected under 35 U.S.C. § 102 as being anticipated by Kim. Claim 8 stands rejected under 35 U.S.C. § 103 as being unpatentable over Kim and Park. We refer to the Final Rejection (Paper No. 7), the Examiner's Answer (Paper No. 14), the Supplemental Answer (Paper No. 16), and the Second Supplemental Answer (Paper No. 18) for a statement of the examiner's position and to the Brief (Paper No. 13), the Reply Brief (Paper No. 15), and the Second Reply Brief (Paper No. 17) for appellant’s position. OPINION Claim 5 stands rejected under 35 U.S.C. § 102 as being anticipated by Kim. The examiner contends that the claim reads on the structures of Kim as pointed out on pages 3 and 4 of the Answer. Appellant submits two main arguments to the contrary. First, appellant submits that Kim “does not disclose a cassette holder which ‘remains substantially level while ascending and descending - 3 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007