Ex parte HATTORI et al. - Page 18




          Appeal No. 1998-1655                                      Page 18           
          Application No. 08/367,766                                                  


                        Claims 8-10, 12-19, 21, 22, and 26-29                         
               The appellants argue, "[t]he claims do recite that                     
          sufficient pressing force to deform at least one of the first               
          or second surfaces (or similar language) is required by the                 
          invention, but neither Yamada et al nor any of the other                    
          references of record teach deformation."  (Reply Br. at 6-7.)               
          The examiner responds, "Yamada et al must necessarily apply                 
          some pressing force, which would enable the disc inside to                  
          rotate.  Since different forces would be needed for more or                 
          less 'deformation', and the claims do not set forth these                   
          forces, the Examiner maintains that Yamada et al is still                   
          properly applied."  (Examiner's Answer at 9.)                               


               Claims 8-10, 21, and 26 specify in pertinent part the                  
          following limitations: "pressing a second main surface of said              
          cartridge toward said first main surface with sufficient                    
          pressing force to undeform at least one of the first and                    
          second main surfaces."  Similarly, claims 12-19, 22, 27, and                
          28 specify in pertinent part the following limitations: "a                  
          first main surface of the cartridge is pressed against the                  
          first support member and a second main surface of the                       







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