Ex Parte KANEDA et al - Page 4




          Appeal No. 1996-1456                                                        
          Application No. 08/059,840                                                  



                                     DISCUSSION                                       
          I. Independent claims 1, 21 and 26                                          
               Hitachi Maxell, the examiner’s primary reference, discloses            
          a magnetic tape cartridge case designed to attenuate modulation             
          noise generated by remote oscillation sources.  As described in             
          the reference,                                                              
               a cartridge case is made of a material of a complex                    
               plastic material mixed with a filler.  In order to                     
               reduce an outside oscillation of the magnetic tape                     
               cartridge occurred by transferring from a motor etc.                   
               arranged in a tape recorder to a magnetic tape                         
               cartridge, the complex plastic material is made of a                   
               mixture of a plastic base made of polyolefine, such as                 
               polyethylene, and polypropylene etc., and a filler of                  
               45 percent to 65 percent by weight of the plastic base                 
               in the shape of a particle, being made of calcium                      
               carbonate or barium sulfate.  . . .                                    
                    The reason why the mixture rate of the filler is                  
               in the range of 45 percent to 65 percent by weight of                  
               the plastic base is as follows.  That is, in case the                  
               mixture rate is less than 45 percent, the cartridge                    
               case may be often broken, on the other hand, in case                   
               the mixture rate is more than 65 percent, the plastic                  
               material may not be filled in a mold satisfactorily                    
               when the plastic material is formed in a shape because                 
               of the less fluidity of the plastic material, resulting                
               in that the problems occur in the manufacturing process                
               and the manufacturing technique [pages 4 and 5].                       
               The examiner concedes (see page 4 in the main answer) that             
          Hitachi Maxell is not responsive to the limitations in                      
          independent claim 1 requiring the first and second casing members           
          to be made of crystalline resin having a filler constituting “10            
          percent to 30 percent by weight of the crystalline resin                    

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