Ex parte JONKER - Page 5




          Appeal No. 95-3335                                                          
          Application 08/083,231                                                      

          injection is such a contact.  It is not helpful to the appellant            
          that the net magnetic moment in the electrical contact region can           
          be balanced out by magnetic moments elsewhere if all the magnetic           
          moments are added together.  Moreover, the appellant has not                
          challenged or rebutted the examiner’s finding that the IBM                  
          Disclosure describes techniques applicable to any ferromagnetic             
          film, "including the more common situation where different                  
          regions of the film have magnetic moments that do not add up to             
          zero, as in a refrigerator magnet" (answer at 3, lines 14-16).              
               In the appeal brief on page 4, lines 13-14, the appellant              
          argues that the IBM Disclosure does not suggest to "directly                
          provide optical emission which is circularly polarized to a                 
          significant degree."  By "directly," the appellant means "e.g.,             
          without additional optical elements such as the polarizer 6 [in             
          the IBM Disclosure]," as is indicated also on page 4 of the                 
          appeal brief.  But the examiner is correct that the polarizer 6             
          in the IBM Disclosure is a part of the detector elements used to            
          analyze the emitted light and not a part of the elements for                
          producing the circularly polarized light.  See IBM Disclosure               
          at p. 470, lines 5-7.  Accordingly, the appellant’s argument is             
          rejected.                                                                   



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