Ex parte HATTORI et al. - Page 10




          Appeal No. 1998-1655                                      Page 10           
          Application No. 08/367,766                                                  


          claim 2 specify in pertinent part the following limitations:                
                    a first main surface of said cartridge;                           
                    biasing means for urging the cartridge holder to                  
               contact a second main surface of said cartridge so                     
               as to apply a pressing force to the second main                        
               surface of said cartridge;                                             
                    wherein said biasing means applies the pressing                   
               force to hold and press together said first and                        
               second main surfaces relative to each other due to                     
               said pressing force ....                                               
          Giving the claims their broadest reasonable interpretation,                 
          the limitations recite pressing together the first and second               
          main surfaces of a disk cartridge.                                          


               The prior art teaches the limitations.  "’All of the                   
          disclosures in a reference must be evaluated for what they                  
          fairly teach one of ordinary skill in the art.’  The use of                 
          patents as references is not limited to what the patentees                  
          describe as their own inventions or to the problems with which              
          they are concerned.  They are part of the literature of the                 
          art, relevant for all they contain.”  In re Lemelson, 397 F.2d              
          1006, 1009, 158 USPQ 275, 277 (CCPA 1968)(quoting In re Boe,                
          355 F.2d 961, 965, 148 USPQ 507, 510 (1966)).                               









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