Appeal No. 96-0366
Application No. 07/933,893
0.1% or less at a depth below the highest peak of 5nm to 10nm.
Accordingly, as stated in the specification at page 15, lines
16-24:
Experiments performed by the present inventors
show that a prior art texture worked surface having
the sectional shape as shown in Fig. 27 has a
bearing ratio curve, as its one example, with a
bearing ratio at 5 nm to 10 nm from the top part of
the sectional curve, i.e. at a depth below the
highest peak of 5 nm to 10 nm, the bearing ratio is
0.1% or less and in case of the magnetic disk using
such substrate, a head crush was generated at 2,000
times or less of a contact start-stops operation
[emphasis added].
We construe the above disclosure as describing a prior
art hard magnetic disk having a bearing curve with a bearing
ratio of 0.1% at a depth of 5nm from a highest peak, which
bearing ratio “touches” on (or is very close to) the claimed
bearing ratio curve at the lower end point of the claimed
range (i.e., at a bearing ratio of 0.1%). Thus, the prior art
admissions in the specification at page 15 establish a prima
facie case of unpatentability for the subject matter defined
by the appealed claims. Compare Ex parte Lee, 31 USPQ2d 1105,
1106 (Bd. Pat. App. & Int. 1993), In re Malagari, 499 F.2d
1297, 1300-1301,
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