Appeal No. 95-2427
Application 08/013,987
(UK Patent Application)
Imamura et al. (Imamura), “Magneto-Optical Recording On Amorphous Films,” IEEE
Transactions On Magnetics, Vol.-Mag. 21, No. 5, pages 1607-12, September
1985.
The Rejection
Claims 1, 2 and 4-14 stand rejected under 35 U.S.C. § 103 as being unpatentable over Denwa4
in view of Gardner, Tanaka and Imamura, and further in view of Takahashi.
Opinion
We have carefully considered the respective positions advanced by appellants and the examiner.
For the reasons set forth below, we reverse the examiner's rejection and enter a new ground of rejection
under 35 U.S.C. § 112, fourth paragraph.
While Takahashi discloses a magneto-optic memory medium comprising a first dielectric film,
GdTbFe magneto-optic memory film which is 35 nm thick, a second dielectric film and a reflective film
(col. 4, lines 21-23, Example I) as superimposed layers on a transparent substrate, we do not find that the
prior art relied upon by the examiner, taken as a whole, presents a prima facie case of obviousness for
the claimed medium having the GdTbFe composition set forth in the claims. We find that the examiner’s
analysis of the prior art would not have led a person having ordinary skill in the art to the recited GdTbFe
4In the final Office action, the examiner stated that claims 1, 2 and 4-14 were rejected. However, in the answer,
the examiner stated that claims 1 and 3-14 were rejected. Since claim 3 was cancelled by amendment “C” (paper no. 11)
which was filed before the final Office action (paper no. 23), we consider the examiner’s statement in the answer of the
claims rejected is in error and should have been claims 1, 2 and 4-14.
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