Ex parte KOBAYASHI et al. - Page 9




          Appeal No. 96-3614                                                          
          Application 08/259,154                                                      


          50).  This is described as an alternative to the arrangement                
          shown in Figure 1, wherein an arm 37 of bottom pole 16 extends              
          through an opening 39 in the substrate-insulating layer 15 to               
          form an ohmic contact 38 between the bottom pole and the                    
          substrate so as to bleed away  electrostatic charges before                 
          the voltage on poles 14 and 16 can reach a level which can                  
          cause arcing (col. 4, lines 32-45).                                         
               Regarding both claims 1 and 3, the examiner states that                
          Schwarz fails to disclose (a) that insulating film 17 can have              
          a thickness in the range of 0.5 Fm - 3 Fm and (b) that the                  
          insulating layers 18 and 19 can be formed of an organic                     
          resinous film having sufficient insulation resistance (Answer               
          at 5).  To remedy the first deficiency, the examiner (Answer                
          at 5) relies on insulating layer 22 in Diepers's thin film                  
          magnetic head, which layer is described as providing an air                 
          gap 11 having a width w of less than 1 Fm, especially of about              
          0.5 Fm (col. 4, lines 34-37; col. 5, lines 54-56).  However,                
          as appellants correctly note (Brief at 8), Diepers's thin                   
          insulating layer 22 is not formed directly on the substrate;                
          instead, it is formed in the region between the upper magnet                
          leg 6 and the lower magnet leg 7 and thus corresponds to                    
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