Appeal 2007-3202
Application 10/145,987
way, using the technique is obvious unless its actual application is
beyond his or her skill. KSR International Co. v. Teleflex Inc., 127 S.
Ct. at 1740, 82 USPQ2d at 1396.
The Examiner determined and the Applicants failed to rebut
that opposingly disposed magnetic shields are used in Mizoshita to
reduce leakage flux from the magneto-resistive element of its
magnetic recording head, which leakage flux may cause damage to
the recording medium. (FF 14-15). The Examiner’s conclusion is
reasonable that using the same technique in the magnetic recording
head of Hines to carry out the same function to achieve the same
benefit would have been obvious to one with ordinary skill in the art.
With regard to one with ordinary skill in the art, skill is
presumed, not “stupidity,” in the words of the Court of Customs and
Patent Appeals as was stated in In re Sovish, 769 F.2d 738, 743, 226
USPQ 771, 774 (Fed. Cir. 1985). Here, the level of ordinary skill in
the art is high, as is reflected by the prior art references Hines,
Mizoshita, and Gibbons. For example, Hines states that it is
straightforward and easy to provide external magnetic biasing,
without providing specific details. (Hines col. 7:20-22 and 7:64-65).
Furthermore, Mizoshita also disclosed that magnetic shields
would protect the magneto-resistive element from the undesirable
influences of magnetic fields emanating from other tracks of the
recording medium. (FF 16). One with ordinary skill in the art would
have known to implement the same technique in Hines’ recording
head to achieve the same protection from the undesirable influences of
magnetic fields stemming from other tracks on the recording medium.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013