Ex parte FUJISHIRO - Page 3




               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               Claim 9 have been withdrawn.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                     




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