Ex Parte LABINSKY et al - Page 4




              Appeal No. 2000-1233                                                                                             
              Application No. 09/040,532                                                                                       


              examiner turns to the teachings of either Kosugi or Christiaens.  Kosugi discloses (Figures 1 and 2)             
              a pick-up for an optical disk that includes a lens barrel 12 that is held for movement in a radial               
              direction via radial gas bearings 13a through 13d, and Christiaens discloses (Figure 1) a gas bearing            
              21 that is used in a device for rotating a disk turntable 3 over a frame 1.                                      
                      In brief, appellants argue (brief, pages 9 through 13; reply brief, pages 2 through 5) that all          
              of the proposed combinations of references fail to set forth a prima facie case of obviousness                   
              because Watanabe, Kosugi and Christiaens are all concerned with the turntable, and the axis about                
              which the turntable rotates, and not with the support that enables relative movement between that                
              axis and the recording head.                                                                                     
                      We agree with appellants’ arguments.  Although the vibration dampers of Watanabe, and the                
              gas bearings of Kosugi and Christiaens are indeed well known in the art (answer, pages 4 and 5),                 
              nothing in the record teaches or would have suggested to one of ordinary skill in the art the                    
              relocation of the dampers and bearings to the specifically claimed location that enables relative                
              movement between the noted axis and the recording head.  Accordingly, the obviousness rejections                 
              of claims 2 through 6 and 20 through 25 are reversed.                                                            
                      The obviousness rejections of claims 7 and 8 are reversed because the spring teachings of                
              Tokunaga, and the capacitive transducer teachings of Sidey and Williams do not cure the noted                    
              shortcomings in the teachings of Malissin, Cheng, Watanabe, Kosugi and Christiaens.                              
                                                           DECISION                                                            


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