Appeal No. 95-1626
Application 07/804,013
reason why the claim must recite where or how these currents
were created. It does not matter what the source of the
current is as it forms no part of the invention. There is no
question that a current flowing in a device of the type
recited will induce a magnetic bias in the MR element.
Therefore, there is no violation of the laws of thermodynamics
as asserted by the examiner.
Since we find the invention of the appealed claims to
be fully operative, we do not sustain the rejection of the
claims as lacking utility.
3. The rejection of claims 1-45 under
35 U.S.C. § 112, first paragraph, for
the reasons set forth in the
objections to the specification
[answer, pages 7-8].
The answer includes a second brief rejection of the
claims under 35 U.S.C. § 112 as failing to provide an enabling
disclosure. The examiner asserts that the disclosure does not
set forth any structure which would provide an output,
voltage, current or voltage difference. However, the
specification describes how currents generated in the MR
element create measurable differences in the output voltage of
the element. We fail to see why the person skilled in this
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