Ex Parte Anthony - Page 5



          Appeal No. 2004-2166                                                        
          Application No. 09/492,557                                                  

                                Rejection over Hurst                                  
               The appellant’s claim 34 requires a keeper structure for               
          applying magnetic fields using exchange coupling to a pair of               
          edge regions of a sense layer.                                              
               Hurst discloses a magnetic memory having a word line (120)             
          that has a magnetic field keeper (122) on its bottom surface and            
          side walls and is separated at its upper surface from a bit                 
          region (132) by a thin dielectric material (col. 3, lines 9-12;             
          col. 7, lines 6-14; figure 16).                                             
               The examiner argues that the appellant’s specification                 
          (page 12, lines 5-14) indicates that exchange coupling occurs               
          between a keeper structure and a sense layer even if there are              
          intervening seed, reference and dielectric layers (answer,                  
          page 24).  What the specification teaches is that when there is             
          an intervening reference layer there is no exchange coupling                
          between the keeper structure and the sense layer (page 9,                   
          lines 18-24).                                                               
               The examiner argues that the keeper structures of the                  
          appellant and Hurst have the same proximity to the sense layer              
          (answer, page 15).  The examiner, however, has not established              
          that when there is a dielectric layer, such as that of Hurst,               
          between a keeper structure and a sense layer, there is exchange             
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