Ex Parte AKOH - Page 6




          Appeal No. 2002-1914                                                        
          Application 09/247,889                                                      


          Having reviewed and evaluated the applied prior art                         
          references and the APA, we are of the opinion that the examiner’s           
          position regarding the purported obviousness of claims 1 through            
          3 on appeal represents a classic case of the examiner using                 
          impermissible hindsight derived from appellant’s own disclosure             
          in an attempt to reconstruct appellant’s claimed subject matter             
          from disparate teachings and broad concepts purported to be                 
          present in the applied prior art.  In our view, there is no                 
          motivation or suggestion in the applied references to Ellenberger           
          and Sawada which would have reasonably led one of ordinary skill            
          in the art to modify the APA in the particular manner urged by              
          the examiner so as to result in appellant’s claimed subject                 
          matter.                                                                     


          Like appellant (reply brief, pages 2-3), we note that                       
          neither the APA, Ellenberger, or Sawada teach or suggest the step           
          of applying a photoresist on an air bearing surface “such that              
          the photoresist is rounded and slopes downward in a curved shape            
          toward a peripheral region of the air bearing surface,” as                  
          recited in claim 1 on appeal, followed by baking the photoresist            
          and then by uniform dry etching of the air bearing surface.                 
          Sawada teaches a method of using a photoresist layer (62) and dry           
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