Appeal No. 2004-2166
Application No. 09/492,557
The examiner argues that Chen discloses “a path for magnetic
flux transport between a pair of opposing edge regions of the
sense layer (col. 4, lines 41-44)” (answer, page 4). The
relied-upon portion of Chen discloses that “[g]enerally, it is
desirable to pin magnetic end vectors 28 and 29 in an orientation
substantially perpendicular to the length, or parallel to width W
so as to reduce the end effects and at least partially close the
magnetic loops.” The closed magnetic loops are at the ends and
are formed by minor magnetic end vectors (col. 3, lines 1-9).
Chen does not disclose that the magnetic loops are between the
ends.
The examiner argues that a magnetic field inherently exists
between the ends of Chen’s magnetic material regardless of the
form, direction or strength of the magnetic fields at the ends
(answer, pages 9-15). An inherent characteristic must be
inevitable, and not merely a possibility or probability. See In
re Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA 1981).
The examiner has not provided evidence that a magnetic field
inevitably extends between the ends of Chen’s magnetic material.
We therefore find that the examiner has not carried the
burden of establishing a prima facie case of the appellant’s
claimed invention by Chen.
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