Appeal No. 1998-0560
Application 08/527,957
storable on disks" (EA4) since decreasing the hub diameter
apparently does not affect the amount of information
storage. Obviousness requires a showing of factual
evidence, not just inventing reasons for a modification.
For the reasons stated above, we conclude that the
Examiner has failed to establish a prima facie case of
obviousness with respect to the limitation of a diameter of
less than 29.0 mm, which is found in all independent claims.
The Yamamoto and Evans patents do not cure the deficiency of
Kato. The rejections of claims 1-22 are reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
)
)
)
) BOARD OF
PATENT
JOSEPH F. RUGGIERO ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
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