Appeal No. 95-4189
Application 07/334,872
of said plurality of crystal grains. [Emphasis ours.]
Fig. 2 of the application shows a plurality of ferromagnetic grains, each surrounded by a carbide or
boride material. The examiner recognized this, but noted that the only reference to Fig. 2 is in
Example 2 at page 19, lines 20-26 of appellants’ specification and that in discussing the product
formed, appellants refer to a laminated structure. The examiner relies on a Webster’s Dictionary
definition of “laminated” as meaning “composed of or built in thin sheets or layers” (answer, p. 4).
The examiner concludes from all this that the “film” is really a laminated structure comprising single
layers.
We disagree with the examiner’s conclusion. The laminated films formed by appellant
comprise crystal grains surrounded by a boride or carbide as recited in appellants’ claims.
Appellants disclose the following at page 19, lines 13-26 of the specification:
The inventors analyzed the above-described ferromagnetic metal laminated films by
a high resolution EPMA [Electron Probe Micro Analysis] method. As a result, in the
position of the metal layer disposed between adjacent two ferromagnetic layers there
was gathered carbon or boron added to the ferromagnetic layer film, that is, it can be
considered that carbide or boride were formed therein. Furthermore, it was confirmed
that a portion of the interposed metal was diffused and, distributed so as to surround,
as shown in Fig. 2, each of the crystal grains 4 which form the ferromagnetic film.
Since carbon or boron was present in the surrounding portion 5, it can be considered
that they are present in the form of carbide or boride.
Fig. 2 is reproduced below
4
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