Ex parte YAMANAKA et al. - Page 6




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

                 of a magnetic layer composed of CoCr Ta , and indeed that a media coercivity of more                                              
                                                                  16   4                                                                           
                 than 2280 oersteds would reasonably be expected to correspond to a fluctuation field of                                           
                 15 or more oersteds.  While the magnetic film composition may be similar to materials                                             
                 disclosed by Murayama, the magnetic film thickness was 25 nm in each case.  As                                                    
                 appellants suggest, the magnetic film thicknesses of what may be similar materials in the                                         
                 reference are disclosed as substantially more than 25 nm.  See, for example, column 8,                                            
                 lines 39 through 46 and lines 53 through 63 of Murayama.  A magnetic film thickness of 25                                         
                 nm (250 D) is disclosed in one embodiment (see column 7, line 41 through column 8, line                                           
                 37), but the Cr content is substantially less than in the materials disclosed by appellants.                                      
                 Here, we will not speculate with regard to what Murayama may have suggested to the                                                
                 artisan; the rejection is based upon anticipation rather than obviousness.                                                        
                         If Cr content of the magnetic layer and media coercivity determined fluctuation field                                     
                 of the magnetic layer, then we could reasonably conclude that materials disclosed by                                              
                 Murayama are within at least the scope of appellants’ claim 1.  However, we agree with                                            
                 appellants that factors other than Cr content and media coercivity contribute to fluctuation                                      
                 field of the magnetic layer, in view of the evidence before us.  Claims 2 and 3 each set                                          
                 forth requirements for fluctuation field which are greater than the 15 oersteds required by                                       
                 claim 1.  We therefore do not sustain the rejection of claims 1-3 over Murayama, nor the                                          
                 rejection of dependent claims 4-7 and 11-17.                                                                                      



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