Appeal No. 95-2427
Application 08/013,987
composition.
Appellants claim very limited ranges for x and y in the GdTbFe composition. They further disclose
a film that the claimed ranges are critical (specification: p. 8, lines 8-16). Denwa discloses a (Gd Tb ) Fe
x 1-x y 1-
film wherein 0.00 # x # 1.00 and 0.15# y# 0.35. The examiner acknowledges that while these broad
y
ranges overlap the claimed ranges, the reference does not disclose the limited ranges for x and y set forth
in appellants’ claims. The examiner refers to two examples set forth on page 2, lines 77 and 78 of the
Denwa wherein the following alloy compositions are disclosed: Gd Tb Fe and Gd Tb Fe .0.17 0.14 0.79 0.10 0.17 0.73
The first formula appears to be in error since the amounts of the components do not add up to 100. We
will presume, as apparently did the examiner and appellants, that the amount of Fe in the first formula
should be 69, and not 79.
According to Denwa, his GdTbFe alloy compositions are characterized by larger light reproduced
output (p. 2, lines 44-53). Considering the increased light output of Denwa’s GdTbFe compositions, it
would have been obvious to use such compositions in Takahashi’s magneto-optic memory element.
However, Denwa’s alloy compositions Gd Tb Fe and Gd Tb Fe do not come within the0.17 0.14 0.69 0.10 0.17 0.73
scope of appellants’ claimed alloy. Alloy composition Gd Tb Fe has a y value of 0.27 which is
0.10 0.17 0.73
within appellants’ claimed r ange, but an x value of 0.37 which is outside the claimed range. Alloy
composition Gd Tb Fe has a value of x of 0.55 and a value of y of 0.31. While the value of y is
0.17 0.14 0.69
within appellants’ claimed range for y, the value of x is just outside the claimed range for x of 0.58 to 0.62.
Appellants concede that alloy Gd Tb Fe is closest to the claimed magneto-optic film alloy.
0.17 0.14 0.69
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