Ex parte DAVIS et al.Ex parte FRANCIS L. RICHTER, JAMES WILSON AND - Page 3




                 Appeal No. 1999-1924                                                                                     Page 3                        
                 Application No. 08/486,545                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a cartridge loading                                                                      
                 apparatus for use with a disk drive.  A copy of the claims                                                                             
                 under appeal is set forth in the appendix to the appellants'                                                                           
                 brief.                                                                                                                                 


                          The rejections on appeal as set forth in the examiner's                                                                       
                 answer (Paper No. 24, mailed September 28, 1998) are :                                       2                                         
                          1. Claims 1 and 21 to 27 stand rejected under the                                                                             
                 judicially created doctrine of nonstatutory (i.e.,                                                                                     
                 obviousness-type) double patenting over claim 1 of U.S. Patent                                                                         
                 No. 5,684,776, claim 1 of U.S. Patent No. 5,703,857 and claim                                                                          
                 1 of U.S. Patent No. 5,724,331 since the claims at issue are                                                                           
                 not patentably distinct inventions from the issued claims.                                                                             
                          2. Claims 1 and 21 to 27 stand provisionally rejected                                                                         
                 under the judicially created doctrine of nonstatutory double                                                                           
                 patenting over claim 1 of copending Application No.                                                                                    
                 08/482,052.                                                                                                                            

                          2The rejection of claim 27 under 35 U.S.C. § 112, second                                                                      
                 paragraph, set forth in the final rejection was overcome by                                                                            
                 the  appellants' amendment after final rejection as noted in                                                                           
                 the Advisory Action of February 13, 1997 (Paper No. 14).                                                                               







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