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 6Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007