Appeal No. 1997-3157
Application No. 08/286,224
While the Japanese ‘871 and Asano references
coincidentally individually teach (D-L) values which
may meet one of the upper or lower limits of the
stated parametric range, such teachings are purely
coincidental and there is no pattern of teachings
which in any way results in the derivation of both
the upper and lower limit or the connection between
the subject parameters and the constant floating
height thereby effected. Instead, each of these
references is clearly outside at least one of these
limits. Since there is no suggestion in the
references for the upper and lower limits of the
claimed range in the Asano and Japanese ‘871
references, and since there is no motivation for
combining the Japanese ‘871 and Asano references
found in the teachings of these references
themselves, it is respectfully submitted, that the
outstanding rejection is based purely on hindsight.
Regarding the applied Hatch et al ‘241 and
Sugahara et al ‘338 references, the outstanding
grounds for rejection based on these references
acknowledge that neither of these references teaches
the relationship stated in Appellants’ claim 1. To
remedy these deficiencies in the Hatch et al ‘241
and Sugahara et al ‘338 references, the outstanding
grounds for rejection summarily concludes that it
would [be] obvious to pick values of “D”, “L” and
“W” of the disc drive to satisfy the condition set
forth in claim 1 in order to “provide a higher
density recording disc drive” and in order “to
maintain the constant sensitivity of the magnetic
head in order to provide a higher density recording
disc drive.”[8] Yet, the Official Action fails to
identify a single teaching in the references
suggesting that the parameters “D”, “L” and “W” are
relevant to the provision of “a higher density
recording disc drive” or “to maintain the constant
sensitivity of the magnetic head” and the only
source of such teachings is Appellants’ disclosure.
It is therefore respectfully submitted that clearly
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