Appeal No. 1998-2287
Application No. 08/211,157
C. Nishimura, K. Yanagisawa, and Y. Nagai (Nishimura),
“Properties of Ion-Beam Sputtered Ni_fe Films,” Masashino
Electrical Communication Lab, NTT, Publication Date Unknown.2
Christopher V. Jahnes, Michael A. Russak, Bojan Petek, and
Erik Klokholm (Jahnes), “Ion Beam Sputter Deposited Permalloy
Thin Films,” 28 IEEE Transactions on Magnetics, no. 4, 1904-
1910 (July 1992).
In addition, the examiner relies on the appellant’s
discussion of the prior art at pages 1 through 3 of the
present specification.
Claims 6, 8, 10, 11, 18, and 22 stand rejected under 35
U.S.C. § 102(b) as anticipated by Griffith ‘213 or Griffith
‘910. (Examiner’s answer, pages 3-4.) Also, claims 6, 8, 103
through 12, 16, 18, 19, and 21 through 26 stand rejected under
35 U.S.C. § 103 as unpatentable over Griffith ‘213 or Griffith
2Although the date of this appellant-cited publication
(PTO-1449 form attached to paper 9) is unknown, no challenge
as to its availability as prior art has been made. In fact,
the appellant has treated this reference as prior art. (Paper
10, p. 4.) Nevertheless, in the event of further prosecution,
the appellant should provide further information regarding the
prior art status of this reference.
3Griffith ‘910 issued from a divisional application of
the application which matured into Griffith ‘213.
Accordingly, the appellant and the examiner have referred to
these patents collectively as simply “Griffith.” (Examiner’s
answer, p. 3; appeal brief, p. 7.)
3
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