Appeal No. 97-3469
Application 08/188,427
are drawn to scale and that the write gap is wider than the
read gap.
Assuming, arguendo, that the write gap is wider than the
read gap, there is no evidence in Mowry to support a finding
that the read gap will be positioned within the shadow of the
write gap over all positions of the head between the inner and
outer radial positions over the rotating recording medium.
The examiner admits that Mowry does not expressly "teach
having the read gap within the shadow of the write gap at all
radial positions" (EA7), but maintains that "these parameters
would be inherent characteristics of, or in the alternative,
obvious [over Mowry]" (EA7). Inherency requires a certainty
that a property or characteristic exists. "Inherency,
however, may not be established by probabilities or
possibilities." Continental Can Co. v. Monsanto Co.,
948 F.2d 1264, 1269, 20 USPQ2d 1746, 1749 (Fed. Cir. 1991)
(quoting In re Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326
(CCPA 1981)). It is mere speculation to find that the read
gap will inherently be in the shadow of the write gap at all
radial positions. Absent any teaching or suggestion that the
read gap should be positioned in the shadow of the write gap,
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