Appeal No. 1998-0205
Application No. 08/464,150
taught by Kim, is to rotate the appendage 20 90 degrees around the pivot 20a as shown in Figs. 4A
and 4B.” However, the examiner finds, as set forth for example on page 8 of the Answer, the
“purpose” of the shaft and gearing alleged by appellant is an ancillary function of the structures
disclosed by Kim, and indeed appellant discloses a similar ancillary function associated with the
disclosed “connecting means.”
As detailed in column 1 of Kim, a rack gear 13c is engaged with a connecting gear 14a of a
housing shaft 14 so that the links 13a and 13b are driven simultaneously. As shown in Figure 1C, Kim
discloses one end of shaft 14 with the associated rack and pinion assembly, with the other end of shaft
14 and the opposite rack and pinion assembly shown in Figures 1A and 1B. In Figures 1A and 1B,
gearing (without reference numerals) is shown at one end of lifting and lowering link 13a, apart from
rack and pinion assembly 13c and 14a. Comparison of Figures 1A, 1B, and 1C reveals that lifting and
lowering of cassette holder 11 is accomplished by transmission of driving force from one side (Figures
1A and 1B) to the other side (Figure 1C) by means of rotation of shaft 14. The shaft and associated
rack and pinion assemblies thus perform the function that appellant alleges is missing from the reference;
namely, as set forth in Claim 5, “ensuring that [the] cassette holder remains substantially level and
substantially parallel to [the] slide chassis.”
We add to the examiner’s findings by pointing out that Figures 1A, 1B, 1C, and 2 are
described as conventional structures, apart from Kim’s emphasis on the novel ancillary function of
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