Appeal No. 1998-2493
Application No. 08/658,120
the situation where a recording medium is loaded as the result of detecting a door not
open condition during an ejection operation, conventional operation of Hamachi’s device
does provide for the door being closed (not open) when the recording medium is
“positioned in said recording medium inserting port” and, in a play mode, this results in
loading the recording medium, as permitted by the broad language of instant claim 1.
Appellants do not argue the combinability of Hamachi with APA or that Hamachi is
directed to digital cassettes rather than disks. Arguments not made are waived. In re
Kroekel, 803 F.2d 705, 708, 231 USPQ 640, 642 (Fed. Cir. 1986)
Since all of appellants’ arguments have been answered and we find that the
examiner’s interpretation of the instant claim language is reasonable, resulting in a prima
facie of obviousness of the instant claimed subject matter, we will sustain the rejection of
claim 1 under 35 U.S.C. § 103.
The examiner’s decision is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
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