Appeal No. 2000-0558 Page 3
Application No. 08/912,585
BACKGROUND
The appellant's invention relates to a data cartridge
(specification, p. 1). A copy of the claims under appeal is
set forth in the appendix to the appellant's brief.
THE REJECTION 2
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Hakanson et al. (Hakanson) 4,570,197 Feb. 11, 1986
The prior art discussion on pages 1 through 5 of the
appellant's specification (applicant's admitted prior art)
Claims 2, 3 and 7 through 9 stand rejected under 35
U.S.C.
§ 103 as being unpatentable over applicant's admitted prior
art in view of Hakanson.
2 The final rejection of claim 8 under 35 U.S.C. § 102(b) is indicated as
deleted by the examiner (answer, page 4). The appellant acknowledges that the
§ 102 rejection of claim 8 is deleted (reply brief, page 5) and that claim 8
is included in the § 103 rejection (reply brief, page 6). Accordingly we
consider the rejection of claim 8 as being only under 35 U.S.C. § 103.
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