Ex parte YAMADA et al. - Page 4




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


          data storing devices and a drive unit for receiving a selected              
          data storing device.  Numasaki also discloses conveying means               
          including a carriage for conveying a data storing device                    
          between the magazine and the drive unit, as well as                         
          transferring means for transferring the data storing device                 
          between the carriage and the magazine and between the carriage              
          and the drive unit.  Numasaki also teaches several detecting                
          means and a control means responsive to detecting means for                 
          controlling the carriage and device transferring means so that              
          the data storing device is transferred when the carriage is                 
          conveyed to a reference position in front of one of the                     
          magazine and the drive unit.                                                
               However, we do not find a teaching in Numasaki of the                  
          claimed feature of:                                                         
               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.                          
               As evidence of this feature, the examiner points to                    
          column 3, lines 38-41 and column 4, lines 34-38 of Numasaki.                
          However, reference to these cited portions of the reference                 

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