Ex Parte Deckers - Page 1




                              The opinion in support of the decision being entered today was not written                                            
                                      for publication and is not binding precedent of the Board.                                                    


                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                                          
                                                       ____________                                                                                 
                                      BEFORE THE BOARD OF PATENT APPEALS                                                                            
                                                  AND INTERFERENCES                                                                                 
                                                       ____________                                                                                 
                                             Ex parte STEPHEN V. DECKERS                                                                            
                                                       ____________                                                                                 
                                                   Appeal No. 2005-2731                                                                             
                                                Application No. 10/656,040                                                                          
                                                       ____________                                                                                 
                                                         ON BRIEF                                                                                   
                                                       ____________                                                                                 
              Before FRANKFORT, OWENS and BAHR, Administrative Patent Judges.                                                                       
              FRANKFORT, Administrative Patent Judge.                                                                                               


                                                DECISION ON APPEAL                                                                                  


                     This is a decision on appeal from the examiner's final rejection of claims 28, 37, 38                                          
              and 44 through 46. Claims 47 through 59, the only other claims remaining in the                                                       
              application, have been withdrawn from further consideration. Claims 1 through 27, 29                                                  
              through 36 and 39 through 43 have been canceled.                                                                                      


              Appellant’s invention relates to a data storage apparatus used to access data stored in                                               
              first and second different types of storage media, i.e., a hard disk drive cartridge and a                                            
              tape cartridge, wherein the hard disk drive cartridge has a “tape cartridge form factor” (i.e,                                        
















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