Ex parte YAMADA et al. - Page 5




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


          finds only a reference to a pair of detectors for detecting                 
          storage of a disk cassette, and a third detector on slider 25               
          to detect whether or not the insertion direction of the disk                
          cassette is correct, and whether or not the disk cassette has               
          been inserted properly.  While the examiner concludes from                  
          these teachings that Numasaki detects whether or not the data               
          storing device is transferred in a prior attempt, and if it is              
          not transferred, the carriage is moved to a new position, it                
          is not clear how the examiner reaches this conclusion.                      
               Numasaki teaches nothing about a “prior attempt” to                    
          transfer the data storing device and displacing the carriage                
          to a new position to transfer the storing device again if it                
          is not transferred in the “prior attempt.”  Rather, in                      
          Numasaki, when the carrier frame fails to come accurately to a              
          horizontal position because of some variation in a stopping                 
          position of the shaft of the pulse motor, or because of                     
          vibration or other external forces, because of the shape and                
          construction of catching blade 101 and holding roller 105, the              
          carrier frame is forcibly positioned to the correct horizontal              
          position even if the carrier frame has been slightly                        
          dislocated (see column 6, lines 35-62 of Numasaki).  Thus, it               
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