Ex Parte Cundiff - Page 12



          Appeal No. 2006-0455                                       Page 12          
          Application No. 10/217,378                                                  

               We turn next to claim 5.  Appellant’s position (brief, page            
          15) is that Iwata does not teach or suggest a receptacle that               
          transports a disk to a means for reading the disc.  We are not              
          persuaded by appellant’s argument because Mitsui discloses the              
          loading tray, and because the combined teachings of Mitsui and              
          Iwata, as we found, supra, would have taught orienting the disc             
          drive mechanism of Mitsui, including the loading tray, at an                
          angle from the vertical.  Accordingly, the rejection of claim 5             
          under 35 U.S.C. § 103(a) is affirmed.                                       
               We turn next to claim 6.  Appellant’s position (brief, page            
          16) is to rely upon the dependency of claim 6 from claim 1, and             
          asserts that Iwata does not have a receptacle for transporting              
          the disc.  We are not persuaded by appellant’s argument because             
          the receptacle, having a cavity for receiving the disc and                  
          transporting the disc to the reading means, is taught by Mitsui,            
          see, e.g., figure 12.  Accordingly, the rejection of claim 6                
          under 35 U.S.C. § 103(a) is affirmed.                                       
               We turn next to claim 7.  Appellant’s position (brief, page            
          16) is that Iwata does not disclose a receptacle that has a                 
          cavity with a base having a vertex at a lower portion of the                
          cavity.  From our review of the prior art, we find that neither             






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007