Ex Parte Smith et al - Page 6



             Appeal 2006-2625                                                                                       
             Application 10/033,879                                                                                 
             actual speed at which the boom moves is manually controlled either by using the                        
             drive control joystick (224) on the platform control panel (300) to proportionally                     
             control the drive speed (Priestley, col. 8, ll. 44-48) or by activating switches (442,                 
             446) on the keypad (252) of the ground control panel (400) (Priestley, col. 11, ll.                    
             44-65).  Thus, when the device of Priestley senses that the boom is in an extended                     
             position, the device does not automatically move the boom at a slower speed.                           
             Rather, as acknowledged by the Examiner, the device of Priestley merely places an                      
             upper limit on the speed at which the boom can be moved.                                               
                    Accordingly, we find that Faiman and Priestley, when combined with the                          
             AAPA of a media library, lack the teaching or suggestion of a control component                        
             that automatically operates robots of the media storage library at a first specified                   
             speed when an access door is closed, and automatically reduces the speed of the                        
             robots when the access door is open.  As such, we find that one having ordinary                        
             skill in the art at the time the invention was made, possessed with the teachings of                   
             the prior art, and facing the problem faced by the inventor, would not have been                       
             led to the claimed invention.  Accordingly, we do not sustain the Examiner’s                           
             rejection of independent claim 1, or dependent claims 2-6, under 35 USC § 103(a)                       
             as being unpatentable over the AAPA in view of Faiman and Priestley.                                   








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