Ex parte KAWANA et al. - Page 7

                 Appeal No. 1998-2493                                                                                                              
                 Application No. 08/658,120                                                                                                        

                 i.e., “closed,”  and this is met by the normal operation of Hamachi loading and playing a                                         
                 cassette after the door is closed.  But the claim recites further that this occurs during one of                                  
                 two alternative states of the recording medium .  The recording medium is either being                                            
                 ejected or it is positioned in the inserting port.  While appellants apparently argue in the                                      
                 reply brief that either of these operations take place during an ejection process, the claim                                      
                 is not so limited.  If this is what was intended, the claim could have recited that “during the                                   
                 process of ejecting the disk recording medium, the transferring means is responsive to                                            
                 said signal from the detecting means for immediately loading said disk recording medium                                           
                 thereinto when it is detected that said console panel is not open and the disk recording                                          
                 medium is either being ejected or the recording medium is                                                                         

                 positioned in said recording medium inserting port, having been ejected.”  However, as                                            
                 written, the claim does not require the second alternative, i.e., the medium positioned in                                        
                 the inserting port, to be the result of an ejection operation.                                                                    
                         Therefore, even though we agree with appellants that Hamachi does not provide for                                         

                         1We realize that appellants would like to cover situations wherein the door is between open and                           
                 closed positions but clearly a door being closed meets the limitation of a door being “not open,” as                              
                         2The claim is not in the most grammatically correct condition at this point in the claim but our                          
                 interpretation of one of two alternative states appears consistent with appellants’ explanation of the                            
                 instant invention.                                                                                                                

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