Appeal No. 1997-3544
Application No. 08/404,234
According to appellants, the invention is directed to
magnetic recording media comprising a substrate bearing a
magnetic layer containing magnetic pigments in a polymeric
binder, wherein the binder comprises a non-chlorinated vinyl
copolymer including nitrile, hydroxyl, and fluorine containing
pendant groups (Brief, pages 4-5). A copy of illustrative
claim 1 is attached as an Appendix to this decision.
The examiner has relied upon the following references as
evidence of obviousness:
Proskow 3,558,492 Jan. 26, 1971
Shimozawa et al. (Shimozawa) 4,726,990 Feb. 23, 19881
Chernega et al. (Chernega) 4,783,370 Nov. 8, 1988
Nakamura et al. (Nakamura) 5,320,914 Jun. 14, 1994
All of the claims on appeal stand rejected under 35
U.S.C.
§ 103 as unpatentable over Chernega in view of Nakamura,
Shimozawa and Proskow (Answer, page 3). We reverse this
rejection essentially for the reasons stated on pages 7 and 9
1This reference was inadvertently omitted from the
listing of “Prior Art of Record” in paragraph (9) on page 2 of
the Answer. However, this reference was recited in the
statement of rejection in both the Final Rejection and the
Answer, as well as discussed by appellants in the Brief (pages
6-7). Accordingly, we deem this error to be harmless.
2
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