Ex parte KUMAGAI et al. - Page 11




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


          two insulating layers 20' and 40' are formed between Gallagher’s              
          first and second magnetic metal layers, layers 10 and 30,                     
          respectively, as claimed by Appellants.  Furthermore, having                  
          closely examined Gallagher’s Figure 4A and 4B, shown supra, we                
          are unable to discern any path that passes from the lower                     
          magnetic layer 10 through the insulating layers 20 and 40 to the              
          upper magnetic layer 30.                                                      
               Addressing now  the  claim  requirement  that  the  first                
          insulating layer in contact with the second magnetic layer be                 
          less that   1x10 m , we note that Gallagher teaches a contact-9 2                                                        
          area of 2 Fm by 8 Fm.  Gallagher at column 6, lines 59-60                     
          references  the  top  junction  electrode  30  stating,  “This                
          electrode was 8 Fm long in the easy axis direction and 2 Fm wide              
          in the hard axis direction.”  We calculate this area to be 16                 
            2                                                        -9 2           
          Fm , at least two orders of magnitude greater than 1x10 m .                   
          Again, at column 5, lines 1-4, Gallagher discloses “The MTJ top               
          electrode stack 30 is an 8 nm Co/20 nm Pt stack (layers 32 and                
          34, respectively) having a cross-sectional area of a few Fm  or2              
          less.”  These two Gallagher passages clearly indicate that                    




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