Ex parte MIYAMOTO et al. - Page 2




                 Appeal No. 1996-3787                                                                                                                   
                 Application No. 07/607,870                                                                                                             



                 February 9, 1995.  See Paper No. 25.                                                                                                   
                          Claim 41 is representative of the subject matter on                                                                           
                 appeal and reads as follows:                                                                                                           
                                   41. A magneto-optical recording medium comprising a                                                                  
                          substrate and a multilayer magnetic film, wherein said                                                                        
                          multilayer magnetic film includes at least a recording                                                                        
                 layer             and a supporting layer, and wherein said multilayer                                                                  
                 magnetic                   film exhibits a magneto-optical effect on                                                                   
                 reflected light of                           a laser beam irradiating the recording                                                    
                 medium, characterized                        in that the recording layer has a                                                         
                 higher Curie temperature                              than has the supporting layer and                                                
                 the recording layer has a                             greater coercive force than has                                                  
                 the supporting layer at room                                   temperature, the recording                                              
                 layer has a thickness of                                                                                                               
                          10-50 nm, and the multilayer magnetic film has a                                                                              
                 thickness                           of 20-100 nm, the recording medium having                                                          
                 properties that it       can be overwritten, and read-out for                                                                          
                 verification can be                          performed immediately after                                                               
                 overwriting, and wherein the                                   recording medium further                                                
                 comprises a metal reflecting layer                                      on the multilayer                                              
                 magnetic film.                                                                                                                         
                          As evidence of obviousness, the examiner relies on the                                                                        
                 following prior art:                                                                                                                   
                 Katayama et al. (Katayama)                                     4,645,722                           Feb. 24,                            
                 1987                                                                                                                                   
                 Osato et al. (Osato)                                           4,664,977                           May  12,                            
                 19871                                                                                                                                  

                          1Although the examiner lists published European Patent                                                                        
                 Application 0 258 978 to Osato et al. as "Prior Art of Record"                                                                         
                 on pages 2-3 in the Answer, the examiner relies on Osato ‘977                                                                          
                 (U.S. Patent No. 4,664,977) in the statement and body of                                                                               
                 rejection set forth in the final Office action dated February                                                                          
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