Ex Parte Anthony - Page 6



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

          coupling the keeper structure and the sense layer.  Moreover, the           
          examiner has not established that Hurst does not have a reference           
          layer between the keeper structure and the sense layer.                     
               The examiner argues that the keeper structure of Hurst                 
          performs the same function as the appellant’s keeper structure of           
          pinning end vectors of the sense layer (answer, page 15).  In               
          support of this argument the examiner relies upon column 7,                 
          lines 32-34 of Hurst, which states: “In most cases, the magneto-            
          resistive material has edge domains that are magnetized in a                
          particular direction, regardless of whether the incident magnetic           
          field is applied.”  This disclosure merely states that the edge             
          domains are magnetized in a particular direction.  It does not              
          state that the end vectors are pinned in that direction by the              
          keeper structure.                                                           
               The examiner, therefore, has not established a prima facie             
          case of anticipation of the appellant’s claimed invention by                
          Hurst.                                                                      
                      Rejection over Hurst considered with Chen                       
               The examiner argues (answer, pages 7-8):                               
                    It would have been obvious to one of ordinary                     
               skill in the art at the time the invention was made to                 
               use a soft or hard ferromagnetic material to stabilize                 
               the magnetization of the edge regions of the sense                     
               layer in Hurst in a direction perpendicular to the easy                
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