Appeal No. 2004-1302
Application No. 09/789,757
Accordingly, we are constrained to reverse the standing rejection
of claims 9 and 15 under the first paragraph of 35 U.S.C. § 112.
It should be understood, however, that our reversal of this
rejection is not a reversal on the merits thereof, but rather a
procedural reversal predicated upon the failure of the claims to
set forth the subject matter sought to be patented with a
reasonable degree of precision and particularity.
Rejection (2)
Claims 1, 3-6, 15, 18, 20, 21, 26, 29-32, 35, 36, 44, 45,
47-51, 55-58 and 62-64 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by Cheung.
Cheung pertains to a case for storing a media storage disk
such as a CD. As shown in Figures 1 and 2, the case comprises a
tray and a hinged cover, with a well in the tray for receiving
the CD. Cheung’s case further includes a central disk locating
and securing apparatus 1 incorporated in the case for holding the
CD in place, said apparatus including a base 3 having arms
5 supporting an over-center mechanism. The operation of the
over-center mechanism in capturing and releasing a CD is
described at column 5, lines 36-67, and column 6, lines 42-60,
and is illustrated in Figures 3-9. Disk locating and securing
apparatus 1 also includes upstand portions 13 for supporting and
6
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