Ex Parte GAVIT et al - Page 9




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


          advanced position [brief, pages 19-20].  The examiner responds              
          that the cassette holders of Foelkel must translate through an              
          intermediate position when moving between the advanced position             
          and the withdrawn position [answer, page 11].  Appellants respond           
          that Foelkel does not disclose an intermediate position of a                
          second cassette holder as claimed [reply brief, pages 2-3].                 
          We will not sustain the examiner’s rejection of claim 10                    
          because the examiner has not identified any structure in Foelkel            
          which moves a second cassette holder to an intermediate position            
          when the plunger arm is in a second advanced position as claimed.           
          With respect to claim 29, appellants argue that Foelkel                     
          fails to disclose an actuator linearly movable radially of the              
          turntable axis between an advanced position and a withdrawn                 
          position as claimed.  Specifically, appellants argue that neither           
          cam 12 nor lever 20 of Foelkel moves radially of the turntable              
          axis [brief, pages 21-22].  The examiner responds that claim 29             
          does not preclude the axis about which disc 5 rotates and that              
          radii extending from that axis would run horizontally left and              
          right as well as into and out of the page [answer, page 12].                
          Appellants respond that cam 12 and lever 20 both move parallel to           
          the turntable axis [reply brief, page 3].                                   


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