Ex Parte TOLMAN - Page 3




          Appeal No. 2003-1573                                                        
          Application No. 08/854,407                                                  


          Matsushita, and Cuomo (Answer, page 4).  We reverse this rejection          
          essentially for the reasons stated in the Brief and those reasons           
          set forth below.                                                            
          OPINION                                                                     
               It is undisputed that Bonyhard teaches the basic structure of          
          a MR sensor 50 as recited in claims 1 and 9 on appeal (Brief, page          
          10; Answer, pages 4-5).3  As indicated by claim 25 on appeal,               
          appellant’s improvement is directed to sputter depositing the               
          spacer and bias layers in a sputtering gas mixture of nitrogen in           
          argon to incorporate a sufficient amount of nitrogen into these             
          layers to increase the resistivity thereof.  Accordingly, the               
          dispositive issue is whether the applied secondary references               
          disclose, teach or suggest this improvement in the MR sensor of             
          Bonyhard.                                                                   
               We agree with the examiner that Jenson teaches the advantages          
          of using a nitrogen doped tantalum as a spacer layer between MR             
          layers, namely that this type of spacer layer “prevents exchange            
          coupling” or “prevent[s] the magnetic domains in layer 18 from              

               3As correctly stated by appellant on page 7 of the Brief,              
          claim 9 differs from claim 1 on appeal by not requiring the                 
          incorporation of nitrogen into the spacer layer by sputtering in            
          a gas mixture of nitrogen and argon.  For completeness, we                  
          consider all of the references as applied against both claims 1             
          and 9 on appeal.                                                            
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