Ex Parte Cundiff - Page 10



          Appeal No. 2006-0455                                       Page 10          
          Application No. 10/217,378                                                  

          figures 1 and 2, is to allow for the disc drive to be oriented at           
          various angles between vertical and horizontal orientations.                
          From the disclosure of Iwata, we find that an artisan would have            
          be motivated to allow the disc drive of figures 10 or 11 of                 
          Mitsui to be oriented at different angles from the vertical axis,           
          as recited in claim 1.                                                      
               We are not persuaded by appellant’s assertion (brief, page             
          17) that “it is not apparent how providing such a rotatable disk            
          tray would improve the operability of the optical disk drive of             
          Mitsui, as the operation of floppy drives and optical disk drives           
          are different.”  Whether the disc drive is an optical drive or a            
          floppy drive, an artisan would have been taught by Iwata that a             
          disc drive can be oriented at different angles from the vertical            
          axis.                                                                       
               Nor are we persuaded by appellant’s assertion (brief, page             
          18 and reply brief, pages 4 and 5) that the modification would              
          not have been obvious because it would be in direct conflict with           
          Mitsui’s express desire to reduce the size of the overall                   
          computer.  In Iwata, the adjustable disc drive is configured such           
          that the amount of space required in the computer for the disc              
          drive does not change when the disc drive is oriented between the           
          vertical or horizontal positions, or in the gradients between the           





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