Appeal No. 2006-2982 Page 7
Application No. 10/458,112
about 3 nanometers to about 12 nanometers [id.]. Appellants note that
Rizzo is directed to magnetic field shielding (e.g., see Rizzo, ¶0055) [id.].
Appellants further note that Rizzo discloses increased thermal
demagnetization effects and decreased permeability if the particle size is too
small (¶¶ 0033 and 0053) [id.]. Appellants conclude that Rizzo clearly
teaches against employing a particle size that results in decreased
permeability [id.]. Appellants offer extrinsic evidence of record in support of
the assertion that it is commonly known in the art that the magnetic
permeability of particles is affected by particle size [id.].
The examiner disagrees [answer, page 10]. The examiner argues
that Rizzo suggests a “nanoparticle” and does not specifically teach against
such a parameter size [id.]. The examiner notes Rizzo discloses that
superparamagnetism occurs when the particle size is 1 µm or less [id.; see
also Rizzo at ¶¶ 0052 and 0053]. The examiner points out that a
nanometer-sized particle is less than 1 µm [id.]. The examiner
acknowledges that Rizzo doesn’t properly establish the lower limit of the size
parameters for the particle [id.]. However, the examiner asserts that it is up
to one of ordinary skill in the art to determine how low one can go [in
diameter] without losing too much permeability of the particles [id.]. The
examiner concludes that a nanometer is “within the realm of 1 µm or less”
[answer, page 10, cont’d page 11].
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