Ex Parte KITAKAMI et al - Page 11




          Appeal No. 1998-1658                                                        
          Application 08/343,876                                                      

          5500 gauss at most (Okuda, col. 1, lines 31-32).  The Examiner's            
          statement that Shimizu '645 has "high saturation magnetic flux              
          density material 17a only on one side of gap 12" (FR6; EA7),                
          fails to recognize that thin film 17a has a preferred lower                 
          saturation flux density than thin film 13a and fails to address             
          how the second ferromagnetic thin film 17a affects the rejection.           
          Appellants point to the lower saturation magnetic flux density              
          material, but do not point out how the claims patentably define             
          thereover.  We have studied claims 1 and 8 and conclude that                
          because the claims are "open-ended" they do not preclude the                
          presence of the additional layer of a low saturation magnetic               
          flux density material 17a.  Thus, we find that Shimizu '645 meets           
          the head limitations of claims 1 and 8.  Further, it would have             
          been obvious to one of ordinary skill in the art that the                   
          saturation magnetic flux density of second thin film 17a could be           
          made equal to that of the first thin film 13a, as shown by                  
          figure 3, if the advantages of the lower saturation flux density            
          of thin film 17a was not desired.  Still further, if thin                   
          film 17a had a saturation magnetic flux density of 6000 gauss and           
          the ferrite had a saturation magnetic flux density of slightly              
          less than 5000 gauss (noting that Okuda discloses that 5500 gauss           
          is a maximum value for ferrite), the thin film 17a would have a             
          saturation flux density of more than 1.2 times the saturation               
          magnetic flux density of the other gap edge, as claimed.                    

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