Appeal No. 2004-1302
Application No. 09/789,757
stabilizing a captured CD. As explained at column 4, lines 26-
30, apparatus 1 may be molded to the case, or secured by either
snap fitting or adhesion or other securing means to the case.
Claim 1 calls for, among other things, a molded tray
(appellant’s element 3), a well (appellant’s element 23) in the
tray, and a rigid boss (appellant’s element 61) in the well.
In rejecting claim 1 as being anticipated by Cheung, the
examiner considers that Cheung’s upstand portions 13 correspond
to the claimed rigid boss. Appellant contends (brief, pages 9-
10) that Cheung teaches that all portions of the central disk
locating and securing apparatus should be flexible in order for
the apparatus to work as intended, that upstands 13 are
“resiliently cantilevered” to the base, and that Cheung expressly
teaches that upstands 13 are to be resilient. On this basis,
appellant concludes that Cheung’s upstands 13 cannot be
considered rigid. Thus, as framed and argued by appellant, the
dispositive issue with respect to the rejection of claim 1 as
being anticipated by Cheung is whether the upstands 13 of Cheung
comprise “rigid” bosses.
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