Ex parte HATTORI et al. - Page 1




             The opinion in support of the decision being entered today was not written
             for publication in a law journal and is not binding precedent of the Board.
                                                                 Paper No. 38         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                   Ex parte TOSHIYASU HATTORI and MASATERU WATANABE                   
                                     ____________                                     
                                 Appeal No. 1998-1655                                 
                              Application No. 08/367,766                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before JERRY SMITH, BARRETT, and BARRY, Administrative Patent               
          Judges.                                                                     
          BARRY, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from                
          the  rejection of claims 1-4 and 8-29.  We affirm-in-part.                  


                                     BACKGROUND                                       
               The invention at issue in this appeal relates to optical               
          disk drives.  In an optical disk drive, an optical disk                     
          serving as a recording medium is encased in a cartridge to                  







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