Ex Parte Deckers - Page 2




              Appeal No. 2005-2731                                                                          2                                       
              Application No. 10/656,040                                                                                                            


              a given set of standardized physical configurational and dimensional criteria which apply to                                          
              the design of cartridges), for example, Digital Audio Tape (DAT), Digital Data storage                                                
              (DDS), Digital linear tape (DLT).  The data storage apparatus includes a picker configured                                            
              to move both of the different forms of storage media and a docking device in                                                          
              communication linkage with a host device and adapted to receive the first storage media                                               
              and the second storage media from the picker. Independent claim 28 is representative of                                               
              the subject matter on appeal and a copy of that claim can be found in the Claims Appendix                                             
              attached to appellant’s brief.                                                                                                        


              The prior art references relied upon by the examiner in rejecting the appealed claims                                                 
              are:                                                                                                                                  
              Stefansky      5,329,412  Jul. 12, 1994                                                                                               
              Kim       5,666,342  Sep.  9, 1997                                                                                                    
              Kulakowski et al. (Kulakowski) 6,731,455  May   4, 2004                                                                               
                                                                 (filed Apr. 26, 2001)                                                              


              Claim 45 stands rejected under 35 U.S.C. § 112, first paragraph, as failing to comply                                                 
              with the enablement requirement.  In the examiner’s view, this claim contains subject                                                 
              matter which was not described in the specification in such a way as to enable one skilled                                            
              in the art to which it pertains, or with which it is most nearly connected, to make and/or use                                        
              the invention.                                                                                                                        
















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