Appeal No. 96-0626
Application 08/187,328
is "in the vicinity of" (Appellants' claim 1, line 5) the
magnetoresistive element of Nakamura, the only missing
limitations are the electrical resistivity and thermal
conductivity claimed. Since Appellants' specification, at
TABLE 1, page 10, acknowledges that currently used insulators
meet the claimed electrical resistivity, little or no
experimentation or optimization would be needed to meet this
parameter. As to the claimed thermal conductivity, Nakamura
recites that silicon is being used for its "excellent heat
radiation property" (column 10, lines 34-37). It would have
been obvious to one of ordinary skill in the art at the time
of invention to have optimized this property and achieved the
claimed thermal conductivity. As noted supra,
determining the optimal values of result effective variables
would have been obvious and ordinarily within the skill of the
art. In re Boesch.
Claims 1 and 3 are rejected under 35 U.S.C. § 103 as
unpatentable over Yoda (62-33317, of record but not previously
relied upon in a rejection). Yoda teaches the claimed
invention using a diamond-like insulating layer 11. Since the
layer (or film) 11 in Yoda is "in the vicinity of"
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