Appeal No. 95-1626
Application 07/804,013
the nonferromagnetic metal layer induces a bias field which is
applied to the multilayer film. Although Shinjo teaches
alternating ferromagnetic layers with nonferromagnetic layers,
Shinjo suggests nothing about the nonferromagnetic layers
being both metal and insulating and connected in the claimed
manner. The examiner’s conclusion that the structure of claim
3 is the same as the Shinjo structure is not supported by the
facts of record. Thus, we also do not sustain the prior art
rejection of independent claim 3. Since claims 16-23 and 25
depend from claim 3, we also do not sustain the prior art
rejection of these claims.
With respect to independent claim 4, the examiner
asserts that the Shinjo MR element is the same as the claimed
element, and that the discovery of a new property cannot
impart patentability to the element itself. Claim 4 recites a
multilayer element which has a property regarding the angle
between a hard axis direction and a direction for detecting an
external magnetic field to be detected by the MR element.
Unlike our discussion of the art rejection of claims 1 and 3
above, claim 4 does not recite any additional component of the
MR element which creates this property. In the absence of any
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