Ex parte HAMISCH, JR. et al. - Page 5




          Appeal No. 2000-2256                                                        
          Application No. 09/069,377                                                  


               The examiner concludes that the subject matter of each of              
          claims 34 and 35 is anticipated by the Harvey disclosure.                   




               The Harvey patent teaches a thermal transfer ribbon                    
          cartridge positioned between first and second printer                       
          sidewalls, with the cartridge including members engageable                  
          with the first sidewall for releasably locking the cartridge                
          in position (column 2, lines 23 through 27).  The locking                   
          mechanism is integrally formed with the cartridge (column 2,                
          lines 37, 38 and 51, 52) and  includes a first member 32 and a              
          second member 34.  The first end portion 36 of the first                    
          member 32 and the first end portion 46 of the second member 34              
          are each integrally formed with and attached to the left                    
          housing sidewall 12 of the cartridge.                                       


               We fully comprehend the examiner's point of view and                   
          perspective of the language of appellants' claim 34, in                     
          particular, and the teaching of the Harvey patent, as clearly               
          articulated in the answer.  Nevertheless, as explained below,               
          when we consider claim 34, as a whole, read in light of the                 
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