Appeal No. 97-1627 Page 10
Application No. 08/202,991
that the sensor “may” comprise “400 or more” layers. (Spec.
at 6 (emphasis added).) Another part adverts that the L/W3
ratio will “typically be greater than 1,” (Id. at 7 (emphasis
added)), and adds that L/W ratios as great as 50:1 “are also
possible for some applications.” (Id.) An additional part
mentions that B is “typically between 15 nm and 1000 nm.”
(Id. at 6 (emphasis added).) The use of the equivocal
language further evidences that these ranges are not critical
to the operability of the invention. Cf. In re Armbruster,
512 F.2d 676, 679-80, 185 USPQ 152, 155 (CCPA 1975) (finding
that two statements in a specification that hydrolysate has a
D.E. between about 5 and about 15 do not imply that a D.E. of
at least 5 is essential). We also agree with the appellants,
(Reply Br. at 4), that the “great” size of the ranges is more
evidence of their lack of criticality.
3It is true that the disclosure fixes a lower-bound of
three for the number of layers. (Spec. at 6.) We agree with
the appellants, however, that one skilled in the art would
know that there must be a minimum of two magnetic layers,
which switch from antiparallel to parallel orientations, and
there must be a NM layer to separate the magnetic layers.
(Reply Br. at 4.) Thus, the recitation of three layers is
not critical.
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007