Appeal 2007-1372 Application 10/423,283 statement that the finish-grinding composition of Orii, which is abrasive- free, has no bearing on the instant rejection is clearly erroneous. While the Examiner points to paragraphs 8 and 9 of Orii for teaching that "abrasive slurries are conventional for magnetic head polishing" (Answer 6, penultimate para.), the cited background section of Orii refers to selective grinding of metallic film such as permalloy and Sendust, which do not appear to comprise aluminum oxide (see previous para. 0007). Also, the Background section of Orii does not establish that a "conventional free abrasive slurry" comprises the presently claimed abrasive and phosphorus compound for machining a substrate for comprising aluminum oxide. The Examiner also sets for that "Sun teaches that the substrate can be any suitable substrate such as a semiconductor substrate, a MEMS substrate, a substrate that retains information in the electromagnetic form, a nickel containing substrate, and a nickel phosphorus (NiP) substrate. (Col. 3, Lines 56-67)" (Answer 3, second para.). However, Appellants make the compelling argument that "[a] substrate consisting essentially of aluminum oxide is not a 'suitable substrate' when properly construed with respect to Sun" (Reply Br. 3, last para.). Appellants further submit that "[a]luminum oxide is an insulator and is not a semiconductor, nor is it capable of storing data" (sentence bridging pages 3-4 of Reply Br.). Accordingly, in the face of Appellants' argument, the Examiner has not established that one of ordinary skill in the art would have understood that a suitable substrate for the machining process of Sun would include Appellants' aluminum oxide. 4Page: Previous 1 2 3 4 5 Next
Last modified: September 9, 2013