Appeal No. 2003-0752 Page 3
Application No. 09/915,393
cartridge as a result of rotation of the reel in one direction. Claim 2 sets forth the
invention in the following manner:
2. A tape cassette comprising
a cartridge; and
one tape reel provided in the cartridge, with a recording
medium in the form of a tape being wound upon the tape
reel;
wherein a leader tape that is more rigid than the recording
medium in the form of a tape is connected to an unwinding
end of the recording medium in the form of a tape, and is
sent out from the cartridge as a result of rotation of the tape
reel in one direction; and
wherein a leader tape guide wall attached to said cartridge is
formed along substantially an entire circumferential
periphery of the tape reel excluding a portion thereof located
in correspondence with a tape draw-out opening so as to
enclose at least a portion of the tape reel.
The claim stands rejected as being anticipated by Olsen which, of course,
requires that Olsen disclose, expressly or under the principles of inherency, each and
every element of the claim. See, for example, RCA Corp. v. Applied Digital Data
Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.). The appellants
urge that this is not the case, and we agree. Our reasoning follows.
Claim 2 requires, inter alia, a leader tape that is more rigid than the recording
medium tape and which “is sent out from the cartridge as a result of rotation of the tape
reel in one direction.” Contrary to the position taken by the examiner, in the light of the
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