Appeal No. 1997-3767 Page 6
Application No. 08/443,556
suggestion, or motivation to provide an organic lubricating film on a magneto optic medium. It is not
clear why a lubricating organic layer would be used on a medium which will not be subjected to wear
by a magnetic head.
As there is no motivation to include a lubricating film on the medium of Funkenbusch, there is
no motivation for adding an oxide layer on the silicon carbide layer of the magneto optic medium. The
Examiner reasons that one of ordinary skill would have oxidized the surface of the protective layers as
taught by Tsuno to realize a high coupling force with the lubricant (Answer, page 10). If there is no
lubricant, then there is no need for a high coupling force.
In addition, we agree with Appellants that Funkenbusch teaches away from forming a magneto
optic medium with a protective layer having 5 to 25 percent atomic percent silicon (Brief, page 11). A
“reference will teach away if it suggests that the line of development flowing from the reference's
disclosure is unlikely to be productive of the result sought by the applicant.” In re Gurley, 27 F.3d
551, 553, 31 USPQ2d 1130, 1131 (Fed. Cir. 1994). In the present case, Funkenbusch specifies that
the dielectric layer is transparent (col. 3, lines 61-62; col. 4, lines 54-58). Even when the dielectric
layer is specified as SiC (x>1), it is specified as being transparent (col. 8, lines 37-39). Funkenbusch
x
specifically indicates that when x is greater than or equal to 3, it loses transparency and is less
acceptable for magneto optic media applications (col. 7, lines 31-35). Funkenbusch further narrows
the range to an x equal to 2.4 or less to ensure sufficient transparency (col. 10, lines 49-57).
Funkenbusch thus teaches away from using silicon carbide films in which the atomic percent of silicon is
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