Ex parte MUKAWA - Page 10




          Appeal No. 98-0599                                                          
          Application 08/434,029                                                      

               Because one with ordinary skill in the art would have                  
          recognized that Kato’s disk media 16 and control ring 19 can                
          be made from the same material, the examiner is correct that                
          it would have been obvious to one with ordinary skill in the                
          art in view of Kato to form the disk media 16 and control ring              
          19 as a single-piece substrate.  Even the appellant has                     
          stated: “The Examiner’s reasoning about modifying Kato to have              
          a single-piece substrate might have some force if Kato taught               
          that the pieces of its multiple-piece disk assembly (i.e.,                  
          disk, control ring and flange) were made of the same                        
          material.”                                                                  
               The appellant further argues that the examiner’s proposed              
          modification of Kato would render Kato’s system inoperative,                
          because there is no basis for assuming that the compound                    
          plastic material of Kato’s control ring 19 is a suitable                    
          material for recording data.  The argument is misplaced                     
          because, as the examiner has explained, it is only important                
          that the recording layer deposited on top of the plastic                    
          substrate be suitable for recording data, not the plastic                   
          substrate itself. (Answer at 10).  Note that each of                        
          independent claims 31 and 36 recite “a recording layer formed               

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