Appeal No. 95-1626
Application 07/804,013
of his device are made from Cu and the ferromagnetic layers
are of the same composition as the claimed invention, the
examiner is correct to conclude that the lattice mismatch in
Shinjo would be the same as in appellants’ invention.
Therefore, we sustain the rejection of claim 35.
With respect to independent claim 5, the examiner
again argues that the Shinjo composition is the same as the
claimed invention regardless of the properties set forth in
the claim. Claim 5 recites a means for applying a bias field
to the multilayer film so that a specific property is
realized. The last paragraph of 35 U.S.C. § 112 mandates that
a means in a claim must be construed to cover the
corresponding structure described in the specification and
equivalents thereof. The means for applying a bias field to
the multilayer film is described in the specification as being
one or more of a permanent magnet, a shunt bias or an
inductive field with current. Each of these bias means
requires structure apart from the ferromagnetic and
nonferromagnetic layers of the MR element itself. Shinjo only
discusses the procedure of applying an external magnetic field
to the MR element. Shinjo offers no suggestion of applying a
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