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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