Appeal No. 96-4203
Application No. 08/409,550
examiner for selecting only one of the air bearing members in
Matsuzaki ‘910 to make coincident with the edge of the slider
body when Okita clearly teaches to make both air bearing
members coincident with the edge of the slider, we must agree
with the appellant that the examiner has exercised
impermissible hindsight in rejecting the claims on appeal.
Thus, the 35 U.S.C. § 103 rejection of claims 1 through 3 and
5 through 13 is reversed because a prima facie case of
obviousness can not be established based upon impermissible
hindsight.
The 35 U.S.C. § 103 rejection of claim 4 is reversed
because Matsuzaki ‘531 does not cure the noted shortcomings in
the teachings of Matsuzaki ‘910 and Okita.
DECISION
The decision of the examiner rejecting claims 1 through
13 under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
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