Ex parte NAKATANI et al. - Page 15




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


          recited element in claim 4 in addition to the ferromagnetic                 
          and nonferromagnetic layers, we are unable to see how the                   
          structure of claim 4 patentably distinguishes over the Shinjo               
          multilayer element.  Appellants have not pointed to any                     
          specific structure recited in claim 4 which patentably                      
          distinguishes claim 4 from the MR element of Shinjo.                        
          Therefore, we sustain the prior art rejection of independent                
          claim 4.  Since claims 29, 30 and 33 are grouped with claim 4,              
          we also sustain the prior art rejection of these claims.                    
          With respect to dependent claims 26 and 27, appellants                      
          argue that the examiner has not addressed the claimed                       
          different ferromagnetic layers.  However, Shinjo clearly                    
          teaches that his MR element is made from mixed ferromagnetic                
          layers of a nickel alloy and cobalt.  These layers are known                
          to have different coercive forces and different anisotropic                 
          magnetic fields.  Therefore, we sustain the prior art                       
          rejection of claims 26 and 27.  With respect to dependent                   
          claims 31 and 32, these claims recite the same ferromagnetic                
          layers as claims 26 and 27 but add a recitation of the angle                
          between the easy axis directions and the ferromagnetic layers.              
          The angle recitation of these claims does not add a structural              
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