Appeal No. 95-3335
Application 08/083,231
requires either (a) that the contact having a net magnetic moment
be a source of primary electrons as opposed to secondary
electrons, or (b) that the circularly polarized light be
generated by recombination of primary electrons, as opposed to
secondary electrons, with holes. The appellant has pointed to
nothing in the claims to support his argument based on a
distinction between primary electrons and secondary electrons.
It is the claims which define the subject matter sought to
be patented. It is improper to read features into the claims
from the specification, where they are not required to make sense
of the claims. See, e.g., In re Priest, 582 F.2d 33, 37,
199 USPQ 11, 15 (CCPA 1978). The claims are simply too broad and
not commensurate in scope with the appellant’s arguments.
We also agree with the examiner that the entire magnetic
thin film need not have a net magnetic moment in order to meet
the requirement of the claims. It is sufficient that the local
area of the magnetic thin film which serves as a source or
location of carrier injection underneath the electron microscope
has a net magnetic moment. As claimed, the contact having the
net magnetic moment need only be in electrical contact with a
region of the semiconductor substrate, not the entire surface
thereof. The area on the magnetic film providing the carrier
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