Ex Parte GAVIT et al - Page 10




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


          We will not sustain the examiner’s rejection of claim 29                    
          because we agree with appellants that cam 12 and lever 20 of                
          Foelkel do not move radially of the turntable axis as claimed.              
          Cam 12 and lever 20 both move parallel to the turntable axis.               
          With respect to claim 43, appellants argue that Foelkel                     
          fails to disclose that an actuator/plunger arm can engage a catch           
          when withdrawn such that the actuator/plunger arm physically                
          moves the registered one of the cassette holders from the                   
          extended position and its respective cassettes out of the docked            
          state.  Specifically, appellants argue that the cassette holders            
          in Foelkel are moved as a result of spring tension acting on the            
          holder rather than by physical engagement [brief, pages 22-24].             
          The examiner does not respond to this argument.                             
          We will not sustain the examiner’s rejection of claim 43                    
          for reasons argued by appellants in the main brief.                         
          In summary, we have sustained the rejection of claims 1                     
          and 6, but we have not sustained the rejection of claims 10, 29             
          and 43.  Claim 3 was indicated to stand or fall with claim 1 so             
          that the rejection of claim 3 is also sustained.  We can find no            
          arguments in appellants’ briefs directed to the rejection of                
          claim 37.  Since claim 37 depends from claim 6, we also sustain             
          the rejection of claim 37.                                                  

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