Appeal No. 1996-3814 Page 9
Application No. 08/348,835
thereof. Accordingly, we will not sustain the examiner's
stated § 103 rejection.
CONCLUSION
To summarize, the decision of the examiner to reject
claim 2 under 35 U.S.C. § 112, second paragraph, as failing to
particularly point out and distinctly claim the subject matter
which applicants regard as the invention, and reject claim 2
under 35 U.S.C. § 103 as being unpatentable over Henrich in
view of Marechal is reversed.
OTHER ISSUES
In the event of further or continuing prosecution, the
examiner should determine the patentability of the claimed
subject matter in view of the teachings of U.K. Patent No.
1,180,356 and French Patent No. 1,588,133. In this regard, we
observe that Marechal references these patents at column 1,
lines 45-53 indicating that they pertain to depositing
magnetic tracks in grooves and correspond to each other.
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