Ex parte HABLE et al. - Page 9




          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                  
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