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                               publication in a law journal and (2) is not binding precedent of the Board.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.                                                                                          
                                                    BACKGROUND                                                            

                     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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