Ex parte LUFFEL et al. - Page 7




          Appeal No. 1999-2278                                       Page 7           
          Application No. 08/641,442                                                  


          14) that Wagner does not disclose that "the post deflects the               
          gate, enabling the post to move past the gate into the second               
          track, even when no data cartridge is being gripped" as                     
          required by claim 1.  In Wanger, four operating modes: "go-                 
          get;" "retrieve;" "put," and "return" are discussed.  Wanger                
          discloses (col. 3, lines 39-49) that:                                       
               The cartridge engaging means has a “go-get”                            
               operating mode, FIGS. 8-12, wherein the engaging                       
               means 18 moves forwardly 24 without a cartridge in                     
               engagement therewith; a “retrieve” operating mode,                     
               FIGS. 12, 13 and 1, wherein said engaging means 18                     
               moves rearwardly 26 with an engaged cartridge; a                       
               “put” operating mode. FIGS. 14 and 15, wherein said                    
               engaging means moves forwardly 24 with an engaged                      
               cartridge; and a “return” operating mode, FIGS. 15,                    
               6, and 14, wherein the engaging means 18 moves                         
               rearwardly without a cartridge in engagement                           
               therewith.                                                             
          The only mode in which the gate is deflected by the post is                 
          the "retrieve" mode, where lower stud 88 moves along a lower                
          stud path 312 including channel portion 164, gate surfaces                  
          192, 194, channel portion 156, as shown in figure 13 (col. 9,               
          lines 32-43). However, in the "retrieve mode," the cartridge                
          is gripped.    In  the "go-get" mode and the "return" mode, the             
          cartridge is not gripped.  However, the post does not deflect               
          the gate in either of these modes.  In the "go-get" mode, the               







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