Appeal No. 1999-2283
Application No. 08/690,525
(1988); Ashland Oil, Inc. v. Delta Resins & Refractories,
Inc.,
776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert.
denied, 475 U.S. 1017 (1986); ACS Hosp. Sys., Inc. v.
Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.
Cir. 1984). These showings by the Examiner are an essential
part
of complying with the burden of presenting a prima facie case
of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
With respect to independent claim 11, the Examiner, as
the
basis for the obviousness rejection, proposes to modify the
magnetic head structure disclosure of JP ‘517. As recognized
by the Examiner, JP ‘517, while disclosing first and second
layers of protective material, does not extend the protective
layers over the head transducing gap. To address this
deficiency, the Examiner turns to SU ‘151 which describes a
single layer protective covering which includes coverage over
6
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