Ex parte ROBERT E. FONTANA, et al. - Page 7




          Appeal No. 96-2513                                                          
          Application 08/037,064                                                      

          recording on thermally sensitive paper are directed to different            
          fields of endeavor.  The examiner has not taken a contrary                  
          position or asserted otherwise and we see no reason to disagree             
          with the appellants.                                                        
               The appellants also have reasonably questioned (Br. at 6)              
          the pertinence of Oonishi with respect to the problem the                   
          appellants' invention was intended to solve, i.e., initial                  
          alignment of the magnetic recording head's pole structure with              
          the recording disk.  The examiner has not explained why an                  
          antifriction layer on the surface of a thermal recording head for           
          printing on thermally sensitive paper would be reasonably                   
          pertinent to that problem and we do not think it is.  Note that             
          in Oonishi's thermal recording head for printing on thermally               
          sensitive paper, the antifriction layer 6 or 18 do not have any             
          pole piece or other structure extending therethrough as is                  
          required by appellants' claims.                                             
               Evidently, the examiner has not maintained that Oonishi                
          constitutes analogous art.  Note that in response to the non-               
          analogous art argument of the appellants, the examiner (answer              
          at 8) stated:                                                               
               It is the examiner's position that the reference to                    
               Oonishi (sic, Onishi) has been relied upon to show that                
               multiple wear layer deposition techniques exist.                       
               Regardless of the field of art that Oonishi (sic,                      

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