Ex parte KUMAGAI et al. - Page 3




          Appeal No. 1999-2839                                                        
          Application 08/824,716                                                      


          displaying the magnetic tunneling effect with stability.                    
          Specification, page 3.                                                      
               Appellants’ independent claim 1, reproduced below, is                  
          representative of the invention:                                            
               1.  A magnetic tunneling junction device comprising:                   
               a first magnetic metal layer;                                          
               a second magnetic metal layer;                                         
               wherein said second magnetic metal layer is formed above               
          the first magnetic metal layer; and                                         
               first and second insulation layers formed between the                  
          first and second magnetic metal layers wherein the second                   
          insulating layer surrounds the first insulating layer and a                 
          surface area of the first insulating layer in contact with the              
          second magnetic metal layer is less than 1x10 m .-9 2                           
               In rejecting Appellants’ claims, the Examiner relies on the            
          following reference:                                                        
          Gallagher et al. (Gallagher)            5,650,958           Jul .           
          22, 1997                                                                    
               Claims 1, 2 and 4-7 stand rejected under 35 U.S.C. § 102(e)            
          as being anticipated by Gallagher.  Rather than repeat the                  
          arguments of Appellants and Examiner, we refer the reader to the            





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