Ex parte BAUMGART et al. - Page 1

                           The opinion in support of the decision being entered today (1) was not written for             
                               publication in a law journal and (2) is not binding precedent of the Board.                
                                                                                                Paper No. 39              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                     BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                 AND INTERFERENCES                                                        
                                  Ex parte PETER M. BAUMGART, WING P. LEUNG,                                              
                                      HUNG V. NGUYEN, THAO A. NGUYEN, and                                                 
                                                    ANDREW C. TAM                                                         
                                                  Appeal No. 1998-2496                                                    
                                                Application No. 08/714,831                                                
                                                        ON BRIEF                                                          
              Before KRASS, LALL, and DIXON, Administrative Patent Judges.                                                
              DIXON, Administrative Patent Judge.                                                                         

                                                 DECISION ON APPEAL                                                       

                     This is a decision on appeal from the examiner's final rejection of claims 15-43,                    
              which are all of the claims pending in this application.                                                    
                     We REVERSE.                                                                                          

                     The appellants’ invention relates to a textured data storage disk having a brittle                   
              nonmetallic substrate.  An understanding of the invention can be derived from a reading of                  
              exemplary claim 15, which is reproduced below.                                                              

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