Appeal No. 2002-1212
Application No. 09/349,745
of the layers of the two-layer structure 12 are required to impart the desired FCT crystal
structure to the NiMn layer 13 (col. 2 lines 21-31). However, the free layer 35 of Coffey
et al. is neither NiMn nor a NiMn alloy, but is instead a soft magnetic material such as Co
or a Co alloy (col. 4 line 61 and col 7 lines 13-17).” (Brief, pp. 5-6).
The Examiner has not adequately responded to Appellant’s argument that there is
no reason to believe that the seed layer(s) of Kanai would provide Coffey with a noise
reduction. The Examiner’s response, Answer pages 9-10, does not indicate that the Co or
Co alloy free layer of Coffey would experience the same or similar crystal structure as
Kanai’s NiMn or NiMn alloy. Thus, there is no reasonable basis to believe that Coffey
would experience the same reduction in noise as Kanai.
The Examiner also rejected claims 1 to 10, 12 to 17 and 19 to 23 as unpatentable
under 35 U.S.C. § 103(a) as obvious over the combination of Coffey and Kim.
As stated above, the Examiner recognized that Coffey did not disclose a seed layer
containing Ni and Cr as required by claims 1, 13 and 20. To remedy this difference the
Examiner asserts that Kim discloses a MR sensor having a NiCr buffer seed layer under a
MR sensor layer structure. (Answer, p. 7). The Examiner concludes that “one of
ordinary skill in the art would have been motivated to furnish the MR sensor assembly
having a seed layer under the MR sensor layers as shown in Coffey et al ‘725 with the
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