Appeal No. 98-0599
Application 08/434,029
cartridge rib, such as that disclosed in Sakaguchi, to Kato’s
disk cartridge.
We disagree with the examiner’s conclusion (answer at
p.11), however, that incorporating a cartridge rib into Kato’s
cartridge in a similar position as is taught in Sakaguchi,
“would yield” a cartridge rib engageable with the annular rib
projecting from the second surface of Kato’s substrate. No
factual basis has been presented by the examiner to justify
that conclusion. Nothing has been set forth to show that a
cartridge rib extending toward the second surface of the disk
substrate is necessarily engageable with an annular rib
projecting out from the second surface of the disk substrate.
On this record, the examiner’s conclusion appears to be based
on mere speculation and hindsight. We do not address whether
it would have been obvious to have the cartridge rib and
annular rib be engageable with each other, because that is not
the stated position of the examiner who states merely (1) that
incorporating a cartridge rib into Kato’s cartridge “would
yield” a cartridge rib engageable with the annular rib
projecting from the second surface of Kato’s substrate, and
(2) that as incorporated into the cartridge of Kato, the
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