Appeal No. 2003-1573
Application No. 08/854,407
1999)(the showing of evidence of a suggestion, teaching or
motivation to combine must be clear and particular).
The examiner finds that Osano teaches certain alloys within
the scope of the claims on appeal that show a small magnetic
anisotropy and an isotropic soft magnetic characteristic suitable
for a magnetic head in a VTR (Answer, pages 7-8). The examiner’s
“motivation” for using the nitrided permalloy of Osano as a
magnetic layer in a magnetic head is “that it is desired to obtain
an alloy layer showing a small magnetic anisotropy and an isotropic
soft magnetic characteristic.” Answer, page 8, citing col. 2, ll.
24-28. We determine that this showing of “motivation” is not
sufficient since the examiner has not shown why Bonyhard desires a
small magnetic anisotropy and an isotropic soft magnetic
characteristic, only that Osano desires this characteristic.
Furthermore, the examiner only attempts to show that the layer of
Osano would be usable in a MR sensor or head (Answer, page 10),
with no indication or teaching that this layer should be used for
the bias layer in Bonyhard.
The examiner finds that Cuomo teaches certain alloy films
sputtered in a chamber with nitrogen to affect the perpendicular
anisotropy of the resulting film (Answer, page 9). The examiner’s
“motivation” for utilizing nitrogen in a sputtered Sendust alloy is
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