Ex parte VAN DER ZAAG et al. - Page 5




               Appeal No. 1998-0200                                                                                              
               Application No. 08/698,193                                                                                        


                      Appellants do not provide separate arguments for patentability of any claim.  We therefore                 

               select Claim 12 as representative of the subject matter on appeal, and decide disposition accordingly.            

               See 37 CFR § 1.192(c)(7).                                                                                         

                      Jeffers discloses, with regard to Figure 2 and column 2, lines 43 through 62, a thin film magnetic         

               head structure which includes an intermediate layer of magnetically conductive material between a                 

               magneto-resistive layer 140 and a permeable layer 180.  The magnetically conductive material, which is            

               also electrically insulating, replaces a prior art electrically insulating SiO  layer.  Jeffers teaches replacing 
                                                                                        2                                        
               the SiO  layer of the prior art because it acts as a “flux barrier” between the magneto-resistive element         
                      2                                                                                                          
               and the flux conducting limb.  See Jeffers, column 1, lines 52 through 57.  Although the reference does           

               not disclose a numeric value for the relative magnetic permeability of the layer of magnetically                  

               conductive material, nor give examples of acceptable ranges thereof, according to the examiner the                

               claimed ranges of relative magnetic permeability “would have been an obvious result of routine                    

               optimization.”  (Final Rejection, page 3.)                                                                        

                      Appellants respond that Jeffers discloses that the intermediate layer has a “relatively high               

               magnetic permeability,” and would not have suggested anything to lead an artisan to the “relatively low           

               magnetically permeable layer” as set forth in Claim 12.  (See Brief, pages 7 and 8.)                              

                      The examiner responds in turn, on pages 4 and 5 of the Answer, that the disclosure of Jeffers as           

               a whole would have suggested more than the “relatively high” permeability of the preferred                        


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