Ex parte KUMAGAI et al. - Page 12




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


          Gallagher  teaches  a  contact  area  that  is  greater  than                 
          Appellants’ claimed 1x10 m .-9 2                                                 
               In summary, Gallagher does not teach Appellants’ claimed                 
          limitations which recite:                                                     
                first and second insulating 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                                      
          Therefore,  Gallagher  cannot  anticipate  Appellants’  claims.               
          Accordingly, we reverse the Examiner’s rejection of claims 1, 2               
          and 4-7 under 35 U.S.C. § 102 as being anticipated by Gallagher.              
                                       REVERSED.                                        






                         KENNETH W. HAIRSTON          )                                 
                         Administrative Patent Judge  )                                 
                                                        )                               
                                                        )                               
                                                        )                               
                                                        )   BOARD OF                    
          PATENT                                                                        
                         MICHAEL R. FLEMING           )     APPEALS AND                 
                         Administrative Patent Judge  )                                 
          INTERFERENCES                                                                 
                                                        )                               

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