Appeal No. 1999-2077 Page 4
Application No. 08/589,251
domain 86 of material other than that forming stratum 84
deposited in an opening or cavity provided in stratum 84. The
domain material may be comprised of “any suitable metal, semi-
conducting materials or insulating material having
characteristics which are different than those of the material
defining layer 84 and may be utilized, for example, to form
part of an active element of a semiconductor device, an
insulating or isolating element or domain adjacent to or
surrounding an active element or a conducting element disposed
in cooperative relationship to other materials (not shown)
similarly deposited on or within the stratum 84" (col. 7,
lines 42-52).
Recognizing that Lemelson does not expressly disclose a
magnetic material for the domain 86, the examiner points out
that an artisan would have been aware that many metals are
magnetic and concludes that suitable metals for the domain
material 86 “would be iron or steel or nickel, which are
magnetic materials” (answer, page 4). In this case, the
examiner has not presented any factual basis to support the
conclusion that one skilled in the art at the time of
appellant’s invention would have understood from Lemelson’s
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