Appeal No. 1998-1480
Application No. 08/741,277
reasoning.
Clearly, the first magnetic layer forming a soft adjacent layer and operatively associated with the
magnetoresistive layer (38) in Schwarz is layer (40). The second magnetic layer forming a shield is
layer (46) in Schwarz. The instant claims then call for an electrical insulator sandwiched between the
first and second layers. Sandwiched between layers (40) and (46) in Schwarz are layers (42) and
(44). Layer (44) is the only insulating layer as layer (42) is clearly a conducting layer which provides a
low resistance path ... (see column 5, lines 33-38 of Schwarz). Therefore, layer (42) of Schwarz
cannot be an electrical insulator that exhibits a high electrical resistivity, as required by the instant claims.
Accordingly, if Schwarz is to make the instant claimed subject matter obvious, within the meaning of 35
U.S.C. § 103, it must be shown that it would have been obvious to make insulating layer (44) a
bilayered material comprising a layer of an insulating oxide material adjacent one of the first and second
magnetic layers (i.e., layers (40), (46)) and a layer of thermally conductive, high electrical resistivity
diamond-like carbon adjacent the other of the first and second magnetic layers.
Clearly, from the disclosure of Schwarz, it would have been obvious to make the insulating
layer (44), which is adjacent second magnetic layer (46), of either diamond-like carbon or an insulating
oxide material. However, there is no suggestion whatsoever, within the four corners of Schwarz, for
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