Appeal No. 2006-0455 Page 5
Application No. 10/217,378
1039, 228 USPQ 685, 686 (Fed. Cir. 1986); In re Piasecki, 745
F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re
Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).
The examiner's position (answer, page 4) is that Mitsui does
not expressly show an angle that lies between vertical and
horizontal, but that it would have been inherent or obvious to
have oriented the disk drive at an angle.
Appellant’s position (brief, page 5) is that it is not
inherent in Mitsui that the means for receiving the disc can be
oriented at an angle between the vertical and horizontal axes
because to be inherent, the teaching must necessarily flow from
the reference, and that (brief, page 6) the teachings of Mitsui
are that the receiving means are either completely horizontal or
completely vertical. It is further argued (brief, page 8) that
although the examiner identifies various applications of tilting
objects, such as tilting a store-bought fruitcake in a grocery
cart or tilting a last book in a row of books on a shelf, there
is no motivation for orienting the disk tray of Mitsui at an
acute angle off of the vertical angle.
The examiner responds (answer, page 7) that it is well known
to high school science students, that by tilting the item, the
center of gravity is spread over a larger base, minimizing the
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