Ex Parte GILL - Page 5




          Appeal No. 2002-1502                                                        
          Application No. 09/388,885                                                  


          free path and consequently reduces the magnetoresistive effect              
          (delta R/R).”  (Page 8 of brief, last paragraph).                           
               Hence, although Dahlberg discloses a thickness range for the           
          free layer which somewhat overlaps the claimed range, we find               
          that Dahlberg, considered in its entirety, would not have                   
          motivated one of ordinary skill in the art to modify the MTJ                
          sensor of the admitted prior art to arrive at the claimed                   
          invention taken as a whole.  While the examiner states that “[a]s           
          any one of ordinary skill in the art would have known at the time           
          the invention was made, the characteristics of AMR, Spin Valve              
          (SV) and MTJ MR sensors include well-known layer structures which           
          have been mirrored in each type of sensor due to the similar                
          sensing features each layer structure produces”, this does not              
          address appellant’s argument that the sensors of the claimed                
          invention and Dahlberg sense current flows in different planes              
          and, therefore, involve different design considerations.                    










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