Ex Parte Deckers - Page 7



           Appeal No. 2006-1402                                                                      
           Application No. 10/788,543                                                                

           has “the form factor of a tape cassette” including 0.6 inch height. Thus, in contrast     
           to appellant’s arguments (e.g., brief, page 6), Stefansky clearly indicates that the      
           disk drive cartridge therein has more than only one dimension (i.e., height) of a         
           tape cartridge.                                                                           

           Regarding appellant’s contention that Stefansky’s hard disk cartridge is not              
           “suitable for use with a mechanical picker,” we see no reason why a mechanical            
           picker (e.g., a robotic gripper that removes the final disk drive cartridges from a       
           production line conveyor belt) could not grasp the sides of the housing or cartridge      
           shell and move Stefansky’s hard disk cartridge from one location to another,              
           without damage to the printed circuit board (14). Moreover, given that both               
           appellant’s hard disk drive cartridge and that of Stefansky each have a “tape             
           cartridge form factor,” we fail to see how appellant’s cartridge could be “suitable       
           for use with a mechanical picker,” if that of Stefansky were not.                         

           While we might agree with appellant’s argument that there is nothing in either            
           Kulakowski or Stefansky which would have led one of ordinary skill in the art to          
           modify the dual-ended hard disk drive cartridge (2) seen in Figure 1A of                  
           Kulakowski to necessarily have a tape cartridge form factor, we note that                 
           Kulakowski specifically indicates that the hard disk drives (58) used therein can         
           be either the dual-ended version or other hard disk drives known in the art (see, for     
           example, col. 5, lines 35-39, and col. 6, lines 10-15).                                   

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