Appeal No. 1997-2686 Application 08/346,635 by the collective teachings of Eggebeen and Von Behren. Therefore, we sustain the rejection of claims 15, 2, 9-12, 14 and 17. We now consider the rejection of claims 3-6 based on the teachings of Eggebeen, Von Behren and Newell. Claims 5 and 6 were grouped with claim 15 and have not been separately argued [brief, page 7]. Therefore, we sustain the rejection of these claims for reasons discussed above. With respect to claims 3 and 4, appellants’ argument that Newell does not overcome the deficiencies of Eggebeen and Von Behren is not persuasive because there are no deficiencies in Eggebeen and Von Behren as discussed above. However, appellants also argue that the thickness ratios of the layers in Newell are the opposite from the ratios set forth in these claims [brief, page 11]. The examiner simply asserts that it would have been obvious to one of ordinary skill in the art to determine the optimal value of the thickness ratio of the two layers by routine experimentation [answer, page 12]. We agree with appellants that the specific ratios recited in claims 3 and 4 are not suggested by the applied -9-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007