Appeal No. 2006-2982 Page 11
Application No. 10/458,112
Appellants note that independent claim 29 recites: “A magnetic film
comprising at least one superparamagnetic particle embedded therein”
[brief, page 5]. Appellants argue that Rizzo’s particles are embedded in a
non-magnetic matrix instead of being embedding in a magnetic film [id.].
Appellants conclude that Rizzo does not disclose or suggest a magnetic film
comprising at least one superparamagnetic particle embedded therein, as
required by independent claim 29.
The examiner disagrees [answer, page 11]. The examiner argues that
Rizzo teaches that a shielding material layer 58 includes a magnetic epoxy
or similar molding material with ferromagnetic or superparamagnetic
particles suspended therein [id.; see Rizzo ¶¶ 0038 and 0050]. The
examiner asserts that magnetic epoxy is a magnetic film since the
superparamagnetic particles are suspended in the epoxy and therefore
embedded in the film [id.]. The examiner asserts that it is understood from
appellants’ specification (fig. 5), that the magnetic film may comprise the
magnetic layer and the non-magnetic polymer having the particles
embedded within [id.].
In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382 (Fed. Cir. 2003).
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