Ex parte POSTMA - Page 5




          Appeal No. 96-1841                                                          
          Application 08/101,324                                                      

          rejection and the patent to Krounbi et al., U.S. Patent                     
          5,005,096, incorporated by reference into appellant's                       
          specification, to be representative of the level of ordinary                
          skill in the art.  See In re Oelrich, 579 F.2d 86, 91,                      
          198 USPQ 210, 214 (CCPA 1978) ("the PTO usually must                        
          evaluate both the scope and content of the prior art and the                
          level of ordinary skill solely on the cold words of the                     
          literature"); In re GPAC Inc., 57 F.3d 1573, 1579,                          
          35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err                
          in adopting the approach that the level of skill in the art                 
          was best determined by the references of record).  In                       
          addition, those of ordinary skill in the art must be                        
          presumed to know something about the art apart from what the                
          references expressly disclose.  In re Jacoby, 309 F.2d 513,                 
          516, 135 USPQ 317, 319 (CCPA 1962).                                         
               We agree with the examiner's conclusion that "[i]t                     
          would have been obvious to a person of ordinary skill in the                
          art at the time the invention was made to bias the MR head                  
          of Smith with slanted equipotential strips as suggested by                  
          Kuijk ['748]" (EA4).  It is considered well known to those                  
          of ordinary skill in the MR sensor art that it is necessary                 

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