Appeal No. 2003-0605
Application 09/257,322
library apparatus. It is thus apparent to us that no such guide
rail mechanism of the type claimed and depicted and discussed in
detail in Cirocco would have been necessary to have embodied or
further embellished upon the teachings in Ishikawa. Ishikawa
apparently simply uses a slidable drawer 6 as labeled and
depicted in Figures 1-3. The drawer appears to slide on its
bottom as a conventional drawer does without the need for any
side mounted rail assembly, such as assemblies 19, 19a in Figures
1, 2 and 8-12 in Cirocco.
When all of this is considered within 35 U.S.C. § 103, we
find that it would not have been obvious for the artisan to have
modified Ishikawa's teachings within 35 U.S.C. § 103 to have
utilized the particular slide rail mechanism in Cirocco.
Moreover, since the examiner's position admits that Ishikawa does
not teach or suggest the slide rail mechanism of the type set
forth in independent claims 1 and 18 on appeal, this reference
alone could not have rendered obvious the subject matter of these
independent claims. Therefore, we conclude that the examiner has
not established a prima facie case of obviousness within
35 U.S.C. § 103.
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