Ex parte MCPHERSON et al. - Page 10




          Appeal No. 1999-0503                                                        
          Application 08/744,207                                                      


          to be adapters which engage the cubes 27.  Clause (g) of claim              
          1 recites that the media storage element adapter engages the                
          store guide slot and the media storage element for holding the              
          media storage element in the slot and allowing the media                    
          storage element to be removed from the slot.  While we could                
          agree with the examiner that top and bottom portions 46 and 47              
          of cell 27 do engage slots 39 (36?) of the back plate, we                   
          cannot agree with the examiner that these two faces of the                  
          storage cell also engage the storage cell as recited in claim               
          1.  For two elements to be engaged normally requires that the               
          two elements be brought together and interlocked or meshed in               
          some manner.  Top and bottom portions 46 and 47 of Baxter are               
          not engaged with cell 27.  Thus, without deciding the exact                 
          definition to be attached to the word “adapter” in claim 1, we              
          find that Baxter does not teach an adapter engaging the store               
          guide slot and the media storage element as recited in the                  
          claim.                                                                      


          We have considered alternative interpretations of Baxter, but               
          we are unable to find any reading of Baxter which meets the                 
          recitations of clauses (g) and (h) of claim 1.                              
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