Appeal No. 1997-1321
Application No. 08/366,448
Claim 34 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Tagawa ‘872 in view of Ide.
Claims 2, 3, 5 through 7, 21, 24 through 27 and 29 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by
Kojima or, in the alternative, under 35 U.S.C. § 103 as being
unpatentable over Kojima.
Reference is made to the brief and the answer for the
respective positions of the appellants and the examiner.
OPINION
All of the rejections are reversed.
The examiner met his initial burden of presenting a prima
facie case of unpatentability by demonstrating that the
product-by-process “claims are directed to the product per se”
(Answer, pages 3, 4 and 8), that Tagawa ‘872 has
grooves/traces 3a perpendicular to the air bearing surfaces
1a, that Tagawa ‘978 has grooves/traces 3a parallel to the air
bearing surfaces 1a, and that Kojima has grooves/traces
parallel to the air bearing surfaces 2.
Appellants do not dispute the examiner’s position
concerning product-by-process claims (Brief, pages 11 and 16).
Nor do appellants deny that grooves have been placed in
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