Appeal No. 1997-3980
Application 08/253,887
by appellant in the same manner and with respect to the same figures as the examiner
urges with respect to the rejection under 35 U.S.C. § 103.
The examiner urges that when the shaft 95 in Figure 10(e) is in the aperture of
a disk, “it secures the disk by way of not allowing it to move horizontally out of the
magazine.” In this broad sense, we agree with the examiner's view that the shaft 95
broadly secures or otherwise keeps the disk within the magazine such that it is not allowed
to move out of it. However, we part company with the examiner's view that shaft 95 is
“sized to keep said disks in held positions that ensure proper withdrawal and insertion of
said single disk.” These latter limitations require much more than merely keeping the disk
positioned in the magazine so that the disk may be either removed or inserted into the
magazine. The claim requires that the shaft must be so-sized as to “keep” the disks in
“held” positions. This feature is not taught within Noguchi.
The discussion of the shaft in the abstract between lines 2 and 10, and particularly
in lines 8 through 10, indicate that the shaft has a smaller diameter than
the central opening of the disk when received within the stacker. A similar feature is
recited in the summary of the invention at column 2, lines 43 through 47. The
corresponding discussion of Figure 10 at column 9, line 19 through column 10, line 8 also
indicates that the attached nut 96 fixing the bottom of the stacker 90 and in engagement
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