Ex Parte GAVIT et al - Page 8




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


          would preclude the cam 12 of Foelkel from being considered a                
          plunger arm.  We also disagree with appellants’ position                    
          regarding the disposition of the cassette holders about the                 
          periphery in Foelkel.  Specifically, claim 1 recites nothing                
          about the plane or the orientation of the cassette holders.  Even           
          though the cassette holders in Foelkel are directed inwardly from           
          the periphery, the edges are still disposed about the periphery             
          of the turntable within the meaning of the claim language.                  
          With respect to claim 6, appellants additionally argue                      
          that Foelkel fails to disclose a driver operative to selectively            
          reciprocate the plunger arm between the first advanced position             
          and the withdrawn position [brief, pages 18-19].  The examiner              
          responds that motor 16 is a driver within the meaning of claim 6            
          [answer, page 11].                                                          
          We will sustain the rejection of claim 6 because we agree                   
          with the examiner that motor 16 of Foelkel drives the plunger arm           
          (cam 12) between an advanced position and a withdrawn position as           
          claimed.                                                                    
          With respect to claim 10, appellants argue that Foelkel                     
          fails to disclose an intermediate position of the cassette                  
          holders, and the ability to move a second cassette holder to an             
          intermediate position when the plunger arm is in a second                   

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