Ex parte JEON - Page 9




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


            to independently conclude that such a combination “would” have                               
            been obvious within 35 U.S.C. § 103 to the artisan.  Based on                                
            the evidence provided in this appeal, we cannot agree                                        
            with the examiner’s views.                                                                   
                  Appellant’s claimed invention, Kato and Yamashita each                                 
            achieve the same goal of tilting the pickup by different                                     
            means.                                                                                       
                  Since we cannot sustain the rejection of independent                                   
            claim                                                                                        
            1 and its dependent claim 3 based upon the collective                                        
            teachings and showings of Kato in view of Yamashita, we must                                 
            also reverse the rejection of dependent claim 2 further in                                   
            view of Sakashita.                                                                           














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