Appeal No. 1998-1655 Page 19
Application No. 08/367,766
cartridge is pressed against an inner wall surface of the
second wall of the cartridge holder to undeform the cartridge
to prevent the cartridge from interfering with rotation of the
disc type medium by the drive means." Also similarly, claim
29 specifies in pertinent part the following limitations:
"said biasing means applies the pressing force sufficiently to
undeform at least one of the first and second main surfaces to
ensure operating clearance between the disc-type medium and
the cartridge while the disc-type medium is rotated by said
driving means." Accordingly, claims 8-10, 12-19, 21, 22, and
26-29 require sufficient pressing force to undeform the first
or second main surface of the disk cartridge.
The examiner fails to show a teaching or suggestion of
the limitations in the prior art. “The Patent Office has the
initial duty of supplying the factual basis for its rejection.
It may not ... resort to speculation, unfounded assumptions or
hindsight reconstruction to supply deficiencies in its factual
basis.”
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied 389 U.S. 1057 (1998). "In relying upon
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