Appeal No. 96-0626
Application 08/187,328
12, line 2). Suyama shows in Figure 3, a magnetoresistive
element 1 with
a width approximating a height. It would have been obvious to
one of ordinary skill in the art at the time of invention to
have assumed Yoda's MR element had the typical geometry
depicted in Suyama. Appellants argue that one "cannot rely on
the drawings in Suyama when the measurements are described in
terms of microns", Reply Brief at page 7, lines 6 and 7. It
is first noted that the claim does not recite any terms of
measurement, let alone microns. However, Appellants'
arguments are not persuasive in the absence of any evidence
refuting that which is clearly shown in Suyama's figure.
This decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997,
by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10,
1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct.
21, 1997)). 37 CFR § 1.196(b) provides that, “A new ground of
rejection shall not be considered final for purposes of
judicial review.”
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