Ex parte KEEL et al. - Page 11




          Appeal No. 1996-3811                                                        
          Application 08/188,078                                                      

          The Examiner stated in the Final Rejection "that creating                   
          the seedlayer from a non-magnetic material would prevent the                
          seedlayer from acting like an additional magnetic pole, thus                
          ensuring that the readback waveform is not perturbed" (FR6),                
          which would be apparent whether or not a "wedge" exist.                     
               The Examiner's reasoning presents a factual question of                
          what Frey disclosed to one of ordinary skill in the art.                    
          Motivation is a question of fact.  Frey discloses (col. 5,                  
          line 66, to col. 6, line 2):  "[P]ortion 213 of the seed                    
          layer (under wedge 215A) will extend out to the air bearing                 
          surface of the finished head and will act as a third pole if                
          the layer is magnetic.  This would perturb the readback                     
          waveform."  We agree with Appellants that this teaches                      
          making the seedlayer from non-magnetic material only because                
          there is a wedge (gap) between the seedlayer and the pole.                  
          If the wedge were not present, even a magnetic seedlayer                    
          could not form a third pole as stated by the Examiner                       
          because the seedlayer would form part of the pole as in a                   
          conventional head.  There is no analogous separation between                
          the seedlayers and the magnetic core pieces in Kaminaka that                
          would require the use of a non-magnetic seedlayer.                          

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