Ex Parte OSTWALD et al - Page 4




          Appeal No. 2002-1252                                                        
          Application No. 09/362,583                                                  


               At pages 3-4 of the answer, the examiner, citing Figures 1             
          and 2 and column 5, lines 9 and 33 of Sato, sets forth the                  
          elements of Sato believed to correspond to the instant claimed              
          elements.  The examiner recognizes that Sato does not teach the             
          cassettes as having label sides.  However, the examiner contends            
          that it would have been obvious to provide the cassettes with               
          labels, taking “Official Notice” that it was known to provide a             
          label to corresponding sides of tape cartridges.  Noguchi is                
          cited for its teaching of providing a robotic mechanism with a              
          bar code reader.                                                            
               Appellants do not take issue with the obviousness of                   
          providing labels on storage media or the obviousness of providing           
          a bar code reader.  Rather, appellants stress the “co-planar”               
          limitation of the instant claims, contending that the slots,                
          drive and robotic mechanism in Sato are not co-planar, in                   
          contrast with the instant claimed invention.                                
               The examiner cites Figure 1 of Sato, contending that “the              
          upper bank of slots 15, the upper media drive 18, and the robotic           
          mechanism 20 while moving horizontally along the upper bank of              
          slots, would be coplanar in that a single common horizontal plane           
          would pass through each of the upper bank of slots, the upper               
          media drive, and the robotic mechanism” (answer-page 3).                    

                                         -4–                                          





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