Appeal No. 1999-0503
Application 08/744,207
claim 1. The examiner has identified cells 27 or 28 of Baxter
as the media storage elements of the claimed invention. These
storage elements resemble cubes having a top portion, a bottom
portion and three side portions [see Figures 6-9]. The
remaining face of the cube is open and is considered the front
of the cube for allowing the data storage media to be inserted
and removed from the cube or cell 27. As noted by appellants,
elements 46 and 47 of Baxter represent the top and bottom
faces of the cell 27 which means that they are an integral
part of the cell 27 and are not adapters for engaging the
store guide slot and the cell 27 as required by claim 1.
The examiner notes that the top and bottom faces of
cell 27 engage slots 39 (36?) for holding cells 27 and 28 to
the plate 29. The examiner notes that the recitations of
claim 1 do not preclude the integral connection or association
of the media storage elements (27 or 28) with the element
adapter (46 and 47). After a careful review of the
record in this case, we agree with appellants that the
examiner’s interpretation of the claimed invention is not
reasonable. We agree with appellants that the integral walls
or faces of the cubes 27 in Baxter cannot also be considered
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