Appeal No. 1997-1165
Application No. 08/217,184
axis of vibration of the spindle motor inclined at an angle
relative to the reference scanning line, the center axis of
vibration also being in a plane perpendicular to the center
axis of the spindle motor.
The references relied on by the examiner are:
Ohmori et al. (Ohmori) 5,416,762 May 16,
1995
(filed Apr. 16, 1992)
Maeda et al. (Maeda) 4-229480 3 Aug. 18, 1992
(Japanese Patent Application)
Claims 1 and 6 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Maeda in view of Ohmori.
Reference is made to the supplemental answer (paper
number 14) and the supplemental reply brief (paper number 15)
for the respective positions of the appellant and the
examiner.
OPINION
For all of the reasons expressed by the appellant in the
supplemental reply brief, and for the additional reasons set
forth infra, the obviousness rejection of claims 1 and 6 is
reversed.
Appellant and the examiner both agree that Maeda does not
show the center axis of vibration of the spindle motor
3A copy of the translation of this reference is attached.
3
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