Appeal No. 1998-0560
Application 08/527,957
As to the argument that changing the size of a
structure involves only ordinary skill in the art, this does
not address why one of ordinary skill would have been
motivated to change the size of the hub diameter. If the
Examiner had showed the motivation for the change in size,
then we would agree that actually reducing the diameter
would be within the level of skill in the art. This must be
so since Appellants have not disclosed any special structure
for a reduced diameter hub.
As to the argument that one of ordinary skill in the
art "would have been motivated to do so to provide adequate
connection and support of the sheet . . . without
excessively limiting the usable area of the sheet, as
required by the well known trend in the art toward
maximization of the amount of information storable on disks"
(FR2-3; EA4), the Examiner has provided no evidence that the
prior art hubs did not have "adequate connection and support
of the sheet" (EA4) or how decreasing the hub diameter would
improve the connection and support. We do not understand
the Examiner's argument relying on the "well known trend in
the art toward maximization of the amount of information
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