Ex Parte Benson et al - Page 2




              Appeal No. 2006-3329                                                                                       
              Application No. 10/637,989                                                                                 

                                                    BACKGROUND                                                           
                     The invention relates to storage systems for data cartridges.  Claim 7 is                           
              reproduced below.                                                                                          
                     7. A method of transporting data cartridges between cartridge libraries,                            
                     comprising:                                                                                         
                            receiving a data cartridge stored in a first cartridge library;                              
                            pivoting the data cartridge; and                                                             
                            ejecting the data cartridge to a cartridge sleeve of a second cartridge                      
                     library.                                                                                            
                     The examiner relies on the following reference:                                                     
              Owens et al. (Owens)  US 6,693,759 B2   Feb. 17, 2004                                                      
                                                                              (filed Jun. 29, 2001)                      
                     Claim 7 stands rejected under 35 U.S.C. ' 102 as being anticipated by Owens.                        
              Claims 1-6 stand allowed.                                                                                  
                     We refer to the Final Rejection (mailed May 31, 2005) and the Examiner=s                            
              Answer (mailed Jan. 25, 2006) for a statement of the examiner=s position and to the                        
              Brief (filed Nov. 2, 2005) and the Reply Brief (filed Mar. 30, 2006) for appellants=                       
              position with respect to the claims which stand rejected.                                                  


                                                       OPINION                                                           
                     The examiner reads instant claim 7 on Owens in the manner set out at page 4 of                      
              the Answer.  Appellants contend that structures 103 and 104 (Fig. 1A) in Owens would                       

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