Ex parte HATTORI et al. - Page 14




          Appeal No. 1998-1655                                      Page 14           
          Application No. 08/367,766                                                  


          movable relative to frame 8 (see FIGs. 3 and 26 in                          
          succession).  The frame (holder) 7 moves down to press both                 
          surfaces of the cartridge."  (Examiner's Answer at 8.)                      


               Claim 3 specifies in pertinent part the following                      
          limitations: "a movable member with which said first main                   
          surface of said cartridge is brought into contact and a spring              
          member for pressing said movable member against the first main              
          surface, so that, due to force exerted by said spring member,               
          said cartridge is held and pressed between said movable member              
          and an inner wall surface of said holder means which serves as              
          said reference surface."  Accordingly, the limitations require              
          pressing a movable member against the first main surface of                 
          the disk cartridge.                                                         


               The examiner fails to show a teaching or suggestion of                 
          the limitations in the prior art.  Contrary to the examiner's               
          allegation, projections 9 and 9' are not movable.  Figures 3                
          and 26 of Yamada show the projections as fixed to the                       
          cartridge frame 7.                                                          









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