Appeal No. 1998-2166 Page 6
Application No. 08/572,792
temperature is below 80 °C for any particular range of chromium. The alloy of Doerner is described as
a “CoPtCrB alloy with a chromium content in excess of 17 atomic percent [which] exhibits high
coercivity, low noise, and high Curie temperatures.” (Abstract). We are cognizant of the fact that what
is a “high” Curie temperature has not been established. On the other hand, there is no proof that the
Curie temperature is below 80 °C either. As there is no convincing technical reasoning supporting a
finding that the Curie temperature is below 80 EC for all the alloys in the range or even a single
exemplified alloy, the Examiner has failed to establish that the prior art alloys are the same or
substantially similar to the claimed alloys.
We conclude that the Examiner has failed to establish a prima facie case of unpatentability with
respect to the subject matter of claims 1-4.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1-4 under 35 U.S.C. § 102(b) as
anticipated by or, in the alternative, under 35 U.S.C. § 103 as obvious over Lal and
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