Ex parte NAKATANI et al. - Page 10




          Appeal No. 95-1626                                                          
          Application 07/804,013                                                      


          This rejection is based on the examiner’s belief that                       
          the invention as disclosed is inoperative and therefore lacks               
          utility.  More particularly, the examiner asserts that a bias               
          can only refer to a voltage, and the permanent magnet of claim              
          1 cannot generate a bias voltage.  The examiner also asserts                
          that the sources of voltage and current in claims 3 and 14                  
          appear to be within the multilayer film with no external                    
          sources which violates the laws of thermodynamics.                          
          With respect to the first point raised by the                               
          examiner, the specification of this application makes it clear              
          that the whole invention is based on the generation of a                    
          magnetic bias field in an MR element multilayer film.  The                  
          examiner’s finding that a bias must be a voltage and cannot be              
          a magnetic field is unwarranted by the record in this case.                 
          When the appealed claims use the term bias field, it is clear               
          that they are referring to a magnetic bias field.  There is                 
          nothing inoperative in the recitation of such a bias field.                 
          With respect to the second point raised by the                              
          examiner, claim 3 recites that a current flowing in a                       
          nonferromagnetic metal layer of an MR element induces a bias                
          field which is applied to the multilayer film.  We see no                   
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