Appeal No. 1997-0678
Application 08/406,768
failed to establish a prima facie case of obviousness.
Therefore, the rejection of claims 11 and 13 is reversed.
We do not agree with Appellants' argument (Br5-7, Sec. A)
that, as a general proposition, the references must teach a
solution to the same problem. Cf. In re Dillon, 919 F.2d 688,
692-94, 16 USPQ2d 1897, 1901-02 (Fed. Cir. 1990) (in banc)
(holding that an invention may be obvious for reasons the
inventor did not contemplate). The downslope on the disk in
Mizuno inherently creates a virtual crown which allows the
magnetic head to quickly take off from a start-stop area
positioned as shown by Pollard. Furthermore, the function of
allowing the head to take off quickly is not recited in the
claims, so only the structure is important. However, it is
probably necessary in this case that there be some recognition
of Appellants' problem in order to make just the start-stop
area with a radial downslope since Mizuno teaches making the
whole surface with a radial downslope for different reasons.
We also do not agree with Appellants' arguments (Br7-9,
Sec. B) that the intended function of the references is
destroyed if their teachings are combined. Putting a radial
downslope on the start-stop area of Pollard does not destroy
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