Appeal No. 98-0592
Application 08/463,168
cover or base of the disk cartridge 11 for viewing inside the
enclosure that encloses the disk within the disk cartridge.
While appellant’s claim 13 does not require the disk to be
viewable through the window on the cover or base, it does
require the inside of the enclosure enclosing the disk to be
viewable through the window. The transparent section 35 in
Rubey does not make viewable the inside of the enclosure
enclosing the disk in the cartridge device 11. It only makes
viewable portions of the inside of the hollow tube 25.
The examiner has not articulated any reasonable
suggestion stemming from the combination of Elliott and Rubey
to render obvious the appellant’s claimed invention. For the
foregoing reasons, the rejection of claims 13-15 as being
unpatentable over Elliott and Rubey is without merit and
cannot be sustained.
Conclusion
The rejection of claims 13-15 under 35 U.S.C. § 103 as
being unpatentable over Elliot and Rubey is reversed.
REVERSED
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