Ex Parte THAYER et al - Page 1




               The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
                                                                                              Paper No. 19              
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     ____________                                                       
                                BEFORE THE BOARD OF PATENT APPEALS                                                      
                                              AND INTERFERENCES                                                         
                                                     ____________                                                       
                               Ex parte NICHOLAS D. THAYER, ROBERT W. LUFFEL,                                           
                                        DAVID P. JONES, and MARK A. SMITH                                               
                                                     ____________                                                       
                                                 Appeal No. 2002-1744                                                   
                                               Application No. 09/179,793                                               
                                                     ____________                                                       
                                                       ON BRIEF                                                         
                                                     ____________                                                       
              Before RUGGIERO, BARRY, and LEVY, Administrative Patent Judges.                                           
              BARRY, Administrative Patent Judge.                                                                       


                                                DECISION ON APPEAL                                                      
                     A patent examiner rejected claim 36.  The appellants appeal therefrom under 35                     
              U.S.C. § 134(a).  We reverse.                                                                             


                                                   BACKGROUND                                                           
                     The invention at issue on appeal concerns removal and replacement of data                          
              cartridges, such as optical disks or magnetic tapes, contained in a "juke box."  A juke                   
              box is used to store and access many data cartridges.  A typical juke box includes a                      
              "magazine" offering storage locations for the data cartridges.  (Spec. at 1.)  A "picker"                 
              transports cartridges between the magazine and a read/write device.  (Id. at 1-2.)                        






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