Ex parte KIKUCHI et al. - Page 6




          Appeal No. 96-1837                                                          
          Application No. 08/083,372                                                  


          disk, adjacent elements similar to the adjacent elements of the             
          instant claims, substituting a spacer which has an “intermediate”           
          thermal expansion coefficient, as claimed.  At first blush, the             
          examiner appears to state a reasonable position.                            
               However, on closer consideration, it is our view that the              
          artisan would not have applied Kobashi’s teaching to the spacer             
          of Ishikawa.  Ishikawa’s spacer is made of a rubber material and            
          conforms to the adjacent members as their displacement changes              
          due to temperature changes.  Therefore, the question presents               
          itself as to why the skilled artisan, faced with this teaching,             
          would look to Kobashi.  It appears that Ishikawa’s device works             
          very well without any reason for seeking an improvement whereby             
          the rubber spacer is changed to a metal spacer, or buffer, with a           
          thermal expansion coefficient value intermediate the coefficient            
          values of the adjacent members in Ishikawa.  Moreover, Kobashi is           
          concerned with eliminating deformation at the arms of a disk                
          driver.  Without appellants’ disclosure before him/her, it is               
          doubtful that the artisan would have had any reason to apply the            
          teaching of an “intermediate” thermal expansion coefficient value           
          of a buffer to the elements of the disk drive that appellants do.           
          There is a general teaching at page 2 of the translation of                 
          Kobashi about eliminating deformations arising from differences             

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