Ex parte YAMANAKA et al. - Page 2




                 Appeal No. 1998-2494                                                                                                              
                 Application No. 08/521,363                                                                                                        

                                                               BACKGROUND                                                                          
                         The invention is directed to a magnetic recording medium for high-density                                                 
                 recording and a magnetic recording and reproducing apparatus.  Claim 1 is reproduced                                              
                 below.                                                                                                                            
                         1.       A magnetic recording medium using a ferromagnetic thin film as a magnetic                                        
                         layer whose fluctuation field of magnetic viscosity at the field strength equal to                                        
                         remanence coercivity or coercivity is not less than 15 oersteds.                                                          
                         The examiner relies on the following references:                                                                          
                 Murayama et al. (Murayama)                          5,478,661                         Dec. 26, 1995                               
                                                                                              (filed Apr.  1, 1993)                               
                 Gill et al. (Gill)                                  5,492,720                         Feb. 20, 1996                               
                                                                             (effective filing date Aug. 15, 1994)                                 
                         Claims 1-7 and 11-17 stand rejected under 35 U.S.C. § 102 as being anticipated                                            
                 by Murayama.                                                                                                                      
                         Claims 8-10 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                               
                 Murayama in view of Gill.                                                                                                         
                         We refer to the Final Rejection (Paper No. 7) and the Examiner's Answer (Paper                                            
                 No. 14) for a statement of the examiner's position and to the Brief (Paper No. 13) and the                                        
                 Reply Brief (Paper No. 15) for appellants’ position with respect to the claims which stand                                        
                 rejected.  An earlier section 102 rejection over U.S. patent 5,480,733 (Okumura et al.) has                                       
                 been withdrawn by the examiner.  (See Answer, page 2.)                                                                            




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