Appeal No.1999-2236
Application No. 08/408,036
the vacuum sputtering required by Nakamura, that no method is given for applying
granules to a rigid body such as a disk and that if one were to apply Suzuki’s small
round granules on a rigid disk surface such as that of Nakamura, the granules “may be
prone to break, crack or loosen under the force from contact to start to stop (CSS),
frustrating a main purpose of Nakamura which is durable CSS” [brief-page 4].
Appellants also argue that the “small round granules of Suzuki, if applied to a rigid
media, may also cause gas pockets to form under overhangs, and these gas pockets
would tend to expand or contract due to changes in temperature at a much greater rate
than the rigid layers surrounding them, thus destroying the surface layers. Similarly, the
embedded plastic required by Suzuki would also tend to have a greatly different
coefficient of thermal expansion in comparison to a rigid substrate, media or overcoat
layers” [brief-pages 4-5].
These arguments by appellants relate to the bodily incorporation of the Suzuki
teachings into the Nakamura device. However, a proper rejection under 35 U.S.C.
§ 103 does not require such a bodily incorporation. It is sufficient that one reference
suggest to artisans a modification in the other reference, In the instant case, the
examiner relies on Suzuki only for its teaching of using protrusions with a high rate of
curvature on recording media in lieu of sharp protrusions because it improves head
touching. Since improvement in the contact made between a head and the medium is
also important to Nakamura (note column 1, lines 14-15, referring to improved sliding
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