Ex parte PAYNE et al. - Page 4




          Appeal No. 1999-2235                                                        
          Application No. 08/577,493                                                  


          component of the magnetic signal that impinges upon the media               
          is greater than the maximum longitudinal component.                         
          Similarly, independent claim 14 requires that the magnetic                  
          signal "has a maximum strength felt by said media directed                  
          transversely to said surface."                                              
               The examiner admits (Final Rejection, page 3) that                     
          Chapman fails to disclose the perpendicular component of the                
          magnetic signal being larger than the component parallel to                 
          the surface.  In fact, Chapman does not discuss perpendicular               
          recording at all.  The examiner (Final Rejection, page 3)                   
          points to the teachings of Hamilton that thin film heads may                
          be used to record data on perpendicularly oriented media and                
          that the head must contact or nearly contact the media to                   
          realize the full potential of the perpendicular recording.                  
          The examiner further asserts (Final Rejection, page 3) that                 
          because submicron gaps and small fly heights are known in the               
          art, it would have been obvious, in light of Hamilton's                     
          disclosure, to provide such a small gap and fly height to                   
          enable perpendicular recording.  However, nowhere in either                 
          the Final Rejection or the Answer does the examiner point to                


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