Ex Parte GAVIT et al - Page 7




          Appeal No. 2001-2268                                                        
          Application 08/922,581                                                      


          The examiner indicates how he reads the invention of                        
          these claims on the disclosure of Foelkel [answer, pages 3-4].              
          With respect to claim 1, appellants argue that Foelkel fails to             
          disclose a plunger arm that is linearly movable between a first             
          advanced position and a withdrawn position.  Appellants also                
          argue that Foelkel does not disclose a plurality of cassette                
          holders disposed about a periphery of the turntable as claimed              
          [brief, pages 17-18].  The examiner responds that Foelkel does              
          disclose the plunger arm as indicated in the rejection.  The                
          examiner also responds that the star arrangement of Foelkel does            
          have the cassette holders disposed about the periphery of the               
          turntable as claimed [answer, pages 9-10].  Appellants respond              
          that because the planes of the cassettes in Foelkel contain the             
          rotational axis of the turntable, the cassette holders are not              
          disposed about the periphery of the turntable as claimed [reply             
          brief, page 2].                                                             
          We will sustain the examiner’s rejection of claim 1 for                     
          essentially the reasons identified by the examiner.                         
          Specifically, we agree with the examiner that the claimed plunger           
          arm can be read on cam 12.  We disagree with appellants’ position           
          that cam 12 cannot reasonably be considered a plunger arm.                  
          Appellants have offered no definition in the specification which            

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