Appeal No. 2000-1241
Application No. 08/424,156
teaching or suggestion that the average surface roughness of approximately 0.0015 µm
is achievable, as argued by appellants. (See brief at page 14.) Therefore, it would
been speculation on our part to conclude that Kamada teaches or suggests the claimed
average surface roughness of approximately 0.0015 µm as recited on claim 7.
Therefore, the examiner has not provided a teaching of a tape with an average surface
roughness of approximately 0.0015 µm and therefore the examiner has not established
a prima facie case of obviousness, and we cannot sustain the rejection of dependent
claim 7.
With respect to independent claim 17, the examiner acknowledges that Kondo
and Kubota both lack a teaching of the use recording heads having azimuth angles
from ± 20°. The examiner relies upon Official Notice as motivation for skilled artisans to
modify the teachings of Kondo with respect to azimuth angles from ± 10° to azimuth
angles from ± 20° and the well-known tradeoffs between track width and signal to noise
ratio with respect to selection of azimuth angles. (See answer at pages 5-6.)
Appellants argue that it would not have been obvious to skilled artisans to have
modified the teachings of Kondo because of disadvantageous results, such as, the
reduction in the level of playback. Appellants then state that while the azimuth angles
from ± 20° produce a decrease in playback signal, it is believed to still be at an
acceptable level for digital signals. (See brief at page 17 and specification at page 47.)
While appellants’ argument may also tend to support the examiner's position with
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