Appeal No. 96-2513
Application 08/037,064
Onishi) is in, the use of multiple wear layered pad
formed by depositing various types of wear materials is
well known in the thermal recording head art.
Therefore, the depositing techniques and the capability
to make multiple layered wear pads existed before
Appellants' invention, albeit in a different art.
The fact that technology existed such that the prior art may be
capable of being modified in the manner suggested by the
Examiner, however, does not make the modification obvious unless
the prior art also suggested the desirability of the
modification. See, e.g., In re Fritch, 972 F.2d 1260, 1266
n. 14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir. 1992). The
examiner has presented no basis to conclude that the prior art
relied upon reasonably would have led one with ordinary skill in
the art to construct the contact pad 34 of the magnetic disk
recording head of the EP Reference with a homogenous inner layer
and a homogenous outer layer, each being plasma-enhanced chemical
vapor deposited or sputter-deposited.
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