Appeal No. 2002-1099 6
Application No. 09/208,119
that move substantially perpendicular to the common axis defined by the holes when the
lid is initially moved from the closed position toward the open position, as called for in
claim 18. In this matter, the examiner’s observation (answer, page 6) that the holes in the
lid of Nakasuji would be substantially perpendicular to the common axis defined by the
holes when the lid is moving halfway from the closed position does not suffice. This
constitutes a second reason for reversing the examiner’s rejection of claims 18, 19 and 24
as being unpatentable over Hehn in view of Koizumi and Nakasuji.
Rejection (2)
The examiner additionally relies on Hagiwara in this rejection. Hagiwara is directed
to a magnetic tape cassette storing case comprising, in pertinent part, a cover 4 having a
sidewall that includes outwardly extending flanges (not numbered) at the ends of the
sidewall adjacent the hinge 3a. As can be seen upon review of Figures 1 and 2, these
flanges to not extend out from the sidewall to the edge of the cover.
The examiner admits that Hehn, the primary reference, does not meet the limitation
of claim 20 that the sidewall of the base includes a flange that extends out from the
sidewall to the edge of base, or the limitation of independent claim 25 that the sidewall of
the base has a flange extending outwardly therefrom such that no portion of the spine
extends beyond the flange. Nevertheless, the examiner contends that it would have been
obvious further in view of Hagiwara to modify Hehn to account for this deficiency.
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