Ex Parte Gelardi - Page 23



          Appeal No. 2004-1302                                                        
          Application No. 09/789,757                                                  

                                    Rejection (6)                                     
               Claims 6 and 7 stand rejected under 35 U.S.C. § 103(a) as              
          being unpatentable over Blanco in view of Wynalda and further in            
          view of Corey.                                                              
               Claim 6 depends from claim 5 and adds that the rosette has a           
          bottom reference surface for resting the at least one storage               
          medium.  Claim 7 depends from claim 6 and adds that the at least            
          one storage medium comprises plural storage media, and wherein              
          the bottom reference surface has a height sufficient to                     
          accommodate the plural storage media on the rosette within the              
          tray.                                                                       
               The lower recessed cavity or well 22 of Blanco’s container             
          is shown (Figure 3 at elements 82) and described (see, for                  
          example, column 4, lines 4-12) as receiving plural CDs.                     
          Moreover, the insert of Wynalda includes a reference surface                
          (e.g., annular area 122 of the Figures 2 and 5 variation, annular           
          area 222 of the Figures 3 and 6 variation) upon which the CD                
          rests (column 3, lines 61-63).  Combining these reference                   
          teachings in the manner proposed by the examiner would yield a              
          container for holding plural CDs wherein the bottom CD rests on             



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