Ex parte JEON - Page 5




            Appeal No. 2000-0374                                                                         
            Application No. 08/686,526                                                                   


            slider                                                                                       
            3, where a spring 11 is inserted between the lever 4 on which                                
            is mounted the pickup in such a manner as to spring bias the                                 
            lever                                                                                        
            4 (and in effect the pickup 7 itself), and to then import such                               
            teaching so as to spring bias the guide shafts 23A-23B on                                    
            which the entire slider 25 radially moves as in Figure 1 of                                  
            Kato.                                                                                        
                  We find ourselves in agreement with appellant’s arguments                              
            presented at page 8 of the brief:                                                            
                        Thus, not only are the adjustment screw 10 and                                   
                  spring 11 utilized for adjusting the inclination of the                                
                  pickup 7 in a tangential direction, as opposed to                                      
                  adjustment of the distance between a deck and a guide                                  
                  shaft thereby to adjust the tilt of the pickup and                                     
                  correct inclination errors in a radial direction of a                                  
                  disk, but the adjustment screw 10 is threadedly engaged                                
                  with a radially movable slider 3 and not with a                                        
                  stationary chassis or deck, as asserted in the rejection.                              
                  Appellant specifically traverses the substitution of                                   
                  screw 10 and spring 11, which directly adjust the                                      
                  inclination of the pickup 7 in the tangential direction,                               
                  for the screws shown at the ends of the shafts 23A and                                 
                  23B in Figure 1 of Kato on the basis that there is no                                  
                  motivation whatsoever for making such a modification                                   
                  absent Appellant’s own teaching as a guide.  Such                                      
                  impermissible hindsight reconstruction is clearly                                      
                  improper.                                                                              
                  As expressed by appellant at page 9 of the brief,                                      

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