Appeal No. 95-1626
Application 07/804,013
art would be unable to make and use the invention based on
this disclosure.
With respect to the examiner’s observation that the
specification as originally filed does not support the bias
field to be generated by a permanent magnet layer, we are of
the view that the description of a permanent magnet forming
part of the mutilayer element on pages 20-22 of the
specification clearly establishes that the inventors were in
possession of the claimed invention as of the filing date of
this application. Therefore, we do not sustain this separate
rejection of the claims under the first paragraph of 35 U.S.C.
§ 112.
4. The rejection of claims 1-45 under
35 U.S.C. § 103 as being unpatentable
over the teachings of Shinjo [answer,
pages 8-10].
With respect to independent claim 1, the examiner
argues that Shinjo has the same layers as appellants’
invention so that the same bias field is inherently present.
The examiner also calls the cobalt layer (the hard component)
of Shinjo a permanent magnet. The cobalt layer is clearly not
a permanent magnet because Shinjo notes that the magnetization
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