Ex Parte FALACE et al - Page 8



            Appeal No.  2002-1185                                                                      
            Application No.  09/112,242                                                                

                  Additionally, we remain unpersuaded by Appellants’ argument                          
            that “guides 415 and 419 merely wrap the tape about the head, and                          
            provide no tape translation around the circumference of the                                
            takeup reel” (brief, page 7).  In fact, Leonhardt does show                                
            magnetic tape 425 being conveyed or translated from its                                    
            predetermined path, which is shown as tape path 423 in Figure 4                            
            and as tape path 426 in Figure 5, to a path which wraps about                              
            read/write head 416 (col. 5, lines 45-62).  We note that similar                           
            to the recited features of claim 1, the new path extends along                             
            three sides of the takeup reel (left, top and right sides) and                             
            forms a 180° spread around a circumference of the takeup reel                              
            while the tape contacts the read/write head.                                               
                  In view of the analysis above, we find that the examiner has                         
            met the burden of providing a prima facie case of anticipation by                          
            showing that Leonhardt teaches a tape wrap means for translating                           
            said threaded magnetic tape from the predetermined path at least                           
            180° around a circumference of the takeup reel, as recited in                              
            Appellants’ independent claim 1.  Accordingly, we affirm the                               
            35 U.S.C. § 102 rejection of claim 1, as well as claim 2 which is                          
            grouped with claim 1 as standing or falling therewith, over                                
            Leonhardt.                                                                                 

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