Ex parte HASEGAWA et al. - Page 9

          Appeal No. 1997-2046                                       Page 9           
          Application No. 08/059,350                                                  

          each specifies in pertinent part the following limitations:                 
          "ferromagnetic layers each including a plurality of                         
          ferromagnetic ribbons ...."  Accordingly, the limitations of                
          claims 40-55, 63, 65-75, and 77-85 each require at least one                
          ferromagnetic layer comprising plural ferromagnetic sub-layers              
          or ribbons.                                                                 

               The examiner fails to show a suggestion of the                         
          limitations in the prior art.  He agrees with the appellants                
          that "the instant application is terminally disclaimed over                 
          the Hasegawa et al patent, and therefore, 'the Hasegawa et al               
          per se is not prior art.'"  (Examiner's Answer at 3.)                       
          Nevertheless, the appellants admit, "the only subject matter                
          that is available based upon the admissions in the Hasegawa et              
          al. patent, of what constitutes the prior art relative to the               
          Hasegawa et al. patent, is what the Hasegawa et al. patent                  
          admits is known prior art."  (Appeal Br. at 11.)  At oral                   
          hearing, the appellants' representative agreed that this                    
          admission is constituted by disclosure described in lines 8-24              
          of column 1 of Hasegawa and shown in figures 1A and 1B of the               
          reference.  Although the disclosure teaches two ferromagnetic               

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