Appeal 2007-3546
Application 10/418,180
substantially corresponding to the layers called for in representative claim 1
but for a description of a silver (Ag) component in the magnetic recording
layer alloy (Ozaki, p. 322 and Figs. 2 and 14).
Appellants’ only dispute with the Examiner’s application of the
applied prior art to representative claim 1 is limited to the required Ag
inclusion in the magnetic recording layer and the Examiner’s obviousness
assertion with respect thereto (Br. 8-11, Answer 3-4).
Concerning this Ag additive difference in the representative claim 1
product over that of Ozaki, the Examiner turns to the additional teachings of
Sekiya (Answer 4). The Examiner takes the position that it would have been
obvious to one of ordinary skill in the art at the time of the invention to
provide Ag in the magnetic recording medium layer of Ozaki based on the
combined teachings of the references (id.). This is because: (1) Ozaki
suggests that “Rare Earth - Transition Metal (RE-TM) alloy films that are
widely used as magneto-optical (MO) recording materials have an
amorphous and continuous structure” and such alloy materials would be
expected to be useful in perpendicular magnetic recording media; and, (2)
Sekiya teaches the optional incorporation of silver (Ag) in such RE-TM
alloy MO recording materials, which materials are of interest to Ozaki for
the magnetic recording layer thereof (Ozaki, p. 322; Sekiya, col. 3, l. 55 –
col. 4, l. 3; Answer 4, 6, and 7). The Examiner notes that Sekiya suggests
the incorporation of Ag can enhance corrosion protection (Answer 4, 6,
and 7).
Appellants do not deny that Sekiya describes Ag addition to an RE-
TM alloy used in MO recording materials. Rather, Appellants focus on the
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