Appeal No. 2002-1252
Application No. 09/362,583
While it appears that appellants could easily have written
the claims to clearly distinguish over Sato, for whatever reason,
appellants have not done so. There is nothing in the instant
claims which proscribes the cassette in Sato from being lifted
out of the plane of the page during transfer from slot to drive
unit.
Accordingly, we will sustain the rejection of claims 1, 5,
12 and 14 under 35 U.S.C. § 103.
The examiner’s decision is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
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JERRY SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
)
MICHAEL R. FLEMING )
Administrative Patent Judge )
EK/RWK
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