Appeal 2007-3546
Application 10/418,180
pressure of 10 mTorr - 100 mTorr. Sakawaki is relied upon by the
Examiner for disclosing the formation of a RE-TM magnetic layer by
sputtering at a gas pressure of 5-15 Pa (37.5- 112.5 mTorr) (Answer 6;
Sakawaki, col. 15, ll. 57-58). Based on that disclosure, the Examiner has
determined that it would have been obvious to an ordinarily skilled artisan at
the time of the invention to select a sputtering pressure as taught by
Sakawaki, which corresponds to the here-claimed manufacturing pressure,
for forming the magnetic recording layer of Ozaki in an effective manner.
We agree.
We are not persuaded by Appellants’ arguments with regard to this
separate rejection for substantially the reasons presented by the Examiner in
the Answer. Compare the Brief (pp. 12-13) with the Answer (pp. 8-9).
Moreover, we agree with the Examiner’s obviousness position because it
would have been obvious for one of ordinary skill in the art to determine the
workable/optimum sputtering pressures for forming the magnetic recording
layer of Ozaki. After all, skill and not the converse is expected from one of
ordinary skill in the art of formation of a magnetic recording layer for a
perpendicular magnetic recording medium. In re Sovish, 769 F.2d 738, 743,
226 USPQ 771, 774 (Fed. Cir. 1985). Accordingly, we affirm the
Examiner’s third stated rejection.
CONCLUSION
The decision of the Examiner to reject claims 1-4, 7, 9-11, and 15
under 35 U.S.C. § 103(a) as being unpatentable over Ozaki in view of
Sekiya; to reject claims 5, 6, 12, and 13 under 35 U.S.C. § 103(a) as being
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