Appeal No. 2006-0455 Page 11
Application No. 10/217,378
vertical and horizontal positions. In addition, we note that
Mitsui discloses (col. 1, lines 31 and 32) that the compact disc
will slip out of place if placed in a vertical position, but does
not indicate that slippage will occur in any position other than
vertical. Accordingly, upon modifying Mitsui as taught by Iwata,
the tray tabs will only be needed when the disc is in the
vertical position. However, even if the tabs were present when
the disc was in a position other than the vertical position, the
disc would be kept in place by the offset angle of the drive and
the tabs would be surplussage. Nothing in the language of the
claim precludes the use of tabs, as long as the disc was kept in
place by the off-axis angle of the drive.
From all of the above, we find that the combined teachings
of Mitsui and Iwata would have suggested to an artisan the
limitations of claim 1, and are not convinced of any errors on
the part of the examiner. The rejection of claim 1 under 35
U.S.C. § 103(a) as being unpatentable over Mitsui in view of
Iwata is affirmed. As claims 2-4, 8-14 and 16-18 have not been
specifically argued with respect to this ground of rejection,
these claims fall with claim 1. Accordingly, the rejection of
claims 2-4, 8-14 and 16-18 under 35 U.S.C. § 103(a) is affirmed.
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