Ex parte MILLER - Page 2




          Appeal No. 1998-2287                                                        
          Application No. 08/211,157                                                  


               The subject matter on appeal relates to a magneto-                     
          resistive element comprising a particular “substantially                    
          amorphous” permalloy film.  Further details of this appealed                
          subject matter are recited in illustrative claim 6, which is                
          reproduced below:                                                           
                    6.  A magneto-resistive element comprising a                      
               substantially amorphous permalloy film,                                
               characterized by forming the substantially amorphous                   
               permalloy film with a grain size of less than 169                      
               Angstroms by ion-beam sputter depositing the                           
               permalloy film at an energy below 500 electron-                        
               volts.                                                                 
               The examiner relies upon the following prior art                       
          references as evidence of unpatentability:                                  
          Griffith                      4,158,213                Jun. 12,             
          1979                                                                        
          (Griffith ‘213)                                                             
          Griffith                      4,251,910                Feb. 24,             
          1981                                                                        
          (Griffith ‘910)                                                             
          Narishige et al.              5,051,856                Sep. 24,             
          1991                                                                        
          (Narishige)                                                                 


          § 1.116 (1981) on August 29, 1997 (paper 10), proposing                     
          cancellation of claims 7, 13-15, 17, and 20 as well as                      
          revisions to claims 6, 10, 16, 18, 19, and 21.  The examiner                
          indicated in the advisory action of September 15, 1997 (paper               
          11) that the amendment will be entered upon the filing of a                 
          notice of appeal and appeal brief.  We note, however, that the              
          amendment has not been clerically entered.                                  
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