Appeal No. 1997-3767 Page 7
Application No. 08/443,556
25 or less.
We are not unmindful of the fact that disclosed examples and preferred embodiments do not
constitute a teaching away from a broader disclosure. In re Susi, 440 F.2d 442, 446 n.3, 169 USPQ
423, 426 n.3 (CCPA 1971); see also Merck & Co v. Biocraft Laboratories, 874 F.2d 804, 807, 10
USPQ2d 1843, 1847 (Fed. Cir. 1989)(A reference may be relied upon for all that it would have
reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments).
However, the situation here is not one in which the reference describes a broad range in which any
value in the broad range will give acceptable results. In the case of Funkenbusch, the reference would
suggest to one of ordinary skill in the art that the lack of transparency for films containing 25 percent
silicon would result in a film unusable in the specified optical application. It is improper to read the x>1
disclosure apart from the rest of the reference.
With respect to the formation of a magnetic recording media such as those of the secondary
references, we find that the secondary references provide no reason, suggestion, or motivation to use a
5 to 25 atomic percent silicon containing silicon carbide protective layer in a magnetic recording media
to be contacted with a magnetic head. Particularly, Hashimoto teaches away from using silicon carbide
with 5 to 25 atomic percent silicon in such a media. As pointed out by Appellants, Hashimoto
describes a protective layer of not less than 80% of an oxide of silicon (Brief, page 14, citing
Hashimoto, col. 5, lines 46-50). We note that Hashimoto indicates that too high a level of certain
elements, such as carbon, lowers the protective function (wear resistance) of the protective layer and
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007