Ex Parte OSTWALD et al - Page 6




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


          slots holding cassettes 15 and, at other times, it may be aligned           
          with the port of media drive 18, it does not appear to us that              
          all three elements can ever be aligned at the same time in Sato             
          because, as far as we can tell, the port of media drive 18 and              
          the slots holding cassettes 15 are oriented perpendicular to each           
          other.  However, as shown in the drawings, three elements appear            
          to be “co-planar” in the same sense as appellants’ elements.                
               The problem is, of course, the meaning to be ascribed the              
          term “co-planar.”  This term typically applies to elements that             
          are in the same plane so that a plane in which one element is a             
          member will also include the other elements.  This is easily                
          understood when the elements have but one or two dimensions.                
          However, when elements, such as slots, media drives and robotic             
          mechanisms, have three dimensions, the term “co-planar” is not so           
          clear.  For example, since the slots, the media drive and the               
          robotic mechanism all have some depth to them in a direction                
          perpendicular to the page, what does it mean to say that these              
          elements are “co-planar”?  Are the three-dimensional elements               
          themselves co-planar (this would be non-sensical) or is it some             
          surface of these elements, like the edge of the media drive                 
          housing, or the plane across the opening of the slots, etc. which           
          are co-planar?  When the claims recite the “media drive” as being           

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