Appeal No. 1999-2278 Page 10
Application No. 08/641,442
Claim 8 recites "A picker for extracting a data cartridge
from a drive mechanism, the drive mechanism including a
handle, the picker comprising: . . .." We find that claim 8
is drawn to a picker. The handle assembly is not part of the
picker, but rather is part of a drive mechanism which includes
a data cartridge, which is extracted by the picker. We do not
agree with the examiner that numeral 18 of Wanger can be
construed as a handle of a drive mechanism, because reference
numeral 18 of Wanger represents the cartridge engaging
assembly (col. 3, lines 31 and 32) which includes latch
members or picker fingers 72, 74 (col. 3, line 59). Since the
cartridge engaging assembly includes the picker fingers, it
cannot be construed as a handle of a drive mechanism from
which the cartridge is extracted by the picker. In addition,
claim 8 further recites that:
the thumb is moved in a first direction causing the
first extension to contact the handle and to move
the handle from an unlatched position to a latched
position or the thumb is moved in a second direction
causing the second extension to contact the handle
and to move the handle from the latched position to
the unlatched position.
The examiner states that the extension portions contact the
handle 18 whenever the handle is moved. However, the examiner
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