Ex parte YAEGER et al. - Page 10




          Appeal No. 97-1647                                        Page 10           
          Application No. 08/321,255                                                  


               By recognizing the problem and offering a solution,                    
          Murata would have suggested using a laser to permanently bend               
          Owe’s flexure arm to thereby adjust the position of Owe’s head              
          to a position that would not fluctuate with vibrations or                   
          temperature changes.  Thus, the prior art as a whole would                  
          have suggested the desirability of making the combination to                
          obtain the claimed invention.                                               


               Third and last, the appellants argue, “[s]ince the Murata              
          et al. reference does not pertain to fly height adjustment, a               
          combination of the ... references would not result in the                   
          claimed invention in which a laser is used to permanently bend              
          a flexure arm to thereby adjust the fly height.”  (Appeal Br.               
          at 11.)                                                                     


               We find that the prior art would have suggested the                    
          claimed  invention.  One cannot establish non-obviousness by                
          attacking references individually where a rejection is based                
          on combinations of references.  In re Merck & Co., 800 F.2d                 
          1091, 1097 231 USPQ 375, 380 (Fed. Cir. 1986).  In determining              
          obviousness, furthermore, references are read not in isolation              







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