Ex parte YAMADA et al. - Page 3




          Appeal No. 1998-2502                                                        
          Application No. 08/525,007                                                  


          and                                                                         
                                                                                     
               control means responsive to said detecting means for                   
               controlling said carriage and said device transferring                 
               means such that the data storing device is transferred                 
          when      said carriage is conveyed to a reference position in              
          front     of one of the magazine and the drive unit, and when               
          said      detecting means detects that the data storing device              
          is not    transferred in a prior attempt, the carriage is                   
          displaced      from said reference position to a new position               
          along said     predetermined conveying path and the data                    
          storing device is transferred again.                                        
               The examiner relies on the following reference:                        
          Numasaki                   5,001,582                Mar. 19,                
          1991                                                                        
               Claims 1-12 stand rejected under 35 U.S.C. § 102(b) as                 
          anticipated by Numasaki, while claims 13-29 stand rejected                  
          under 35 U.S.C. § 103 as unpatentable over Numasaki.                        
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               We reverse.                                                            
               We agree with the examiner that Numasaki discloses a                   
          system similar to the instant invention wherein the automatic               
          changing of an information storage medium is effected.                      
          Numasaki discloses a magazine having slots for accommodating                

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