Appeal No. 98-0600
Application 08/541,441
discussion in Kira of any such dielectric material in the
recess. The examiner reasons (answer at 6): "If there was no
dielectric in the space between the MR sensor and the air
bearing surface then the upper shield would contact the lower
shield in this space since there would be no material to
deposit the upper shield on in this region. Again, this would
not allow the device to work." However, the examiner pointed
to no evidence which supports his apparent conclusion that the
only way to produce and/or arrange two shields which do not
touch each other is by having a dielectric material disposed
within the entire space between them. We decline to take the
examiner’s mere assertions as fact.
Finally, the examiner finds that in Kira the distance
between the sensor and the air bearing surface (identified as
S in the appellant’s claims) is indeed less than half the
distance between the two shield members (identified as G in
the appellant’s claims). That finding is speculative, since
there is no basis to find that Kira’s Figure 1 is drawn to
scale and since the angular view of Kira’s Figure 1 makes it
questionable whether there is even any distance between the
front edge of the sensor and the air bearing surface.
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