Ex Parte AZARIAN et al - Page 2




             Appeal No.1999-2236                                                                                      
             Application No. 08/408,036                                                                               

             contacting the surface.  In particular, a recording medium is said to be provided with a                 
             unique surface topography that enables high speed sliding contact between a                              
             transducer and a rigid disk for extended periods of read/write operation with minimal                    
             wear.                                                                                                    
                    Representative independent claim 1 is reproduced as follows:                                      
                    1.    An information storage device comprising:                                                   
                           a rigid body having an information storage layer with an associated                        
                    surface having asperities disposed within a 100-:m2 area and having                               
                    tops, in a highest 1.0% of said area, with an average radius of curvature                         
                    of at least about 2-:m.                                                                           
                    The examiner relies on the following references:                                                  
             Suzuki et al.  (Suzuki)                   4,540,618            Sep. 10, 1985                             
             Nakamura et al. (Nakamura)                5,202,810            Apr.  13, 1993                            
                    Claims 1-6 and 16-18 stand rejected under 35 U.S.C. § 103 as unpatentable                         
             over Nakamura in view of Suzuki.                                                                         
                    Reference is made to the brief and answer for the respective positions of                         
             appellants and the examiner.                                                                             
                                                OPINION                                                               
                    The examiner takes the position that Nakamura discloses the claimed subject                       
             matter but for the average radius of curvature of the asperities in the top one percent                  


             bearing ratio being no less than 1.5 -:m.  The examiner stresses the teaching of                         

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