Ex parte KAWANA et al. - Page 8

                 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).                                                                                              


Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007