Ex parte MIYAMOTO et al. - Page 4




          Appeal No. 1996-3787                                                        
          Application No. 07/607,870                                                  



          and a suitable Curie temperature.  See column 4, lines 6-12.                
          Nowhere does it recognize the importance of utilizing, inter                
          alia, a magnetic recording layer having a thickness of 10-50                
          nm and a coercive force and Curie temperature higher than a                 
          magnetic supporting layer in a magneto-optical recording                    
          medium.                                                                     
               Moreover, the examiner has not supplied any motivation to              
          utilize the reflective and phase modulating layer taught in                 
          Osato in the photo-thermo-magnetic recording medium of the                  
          type describe in Katayama.  On this record, the examiner has                
          failed to establish that the reflective and phase modulating                
          (metallic) layer useful for imparting the so-called                         
          “enhancement of their readout properties, such Kerr rotation                
          and C/N” to the particular magneto-optical recording medium                 
          taught in Osato is also useful for imparting the same to                    
          Katayama’s photo-thermo-magnetic recording medium having a                  
          materially different multi-layered structure.                               
               Accordingly, we conclude that the examiner has failed to               
          establish a prima facie case of obviousness within the meaning              
          of 35 U.S.C. § 103.                                                         

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