Ex Parte Kobayashi et al - Page 2

                 Appeal 2006-2449                                                                                         
                 Application 10/221,869                                                                                   
                         Appellants claim a granular magnetic thin film of non-oxidized                                   
                 magnetic metal grains enclosed by insulating material.  Appellants also                                  
                 claim a method of manufacturing such a film.                                                             
                         Representative claims 3, 4, and 9 read as follows:                                               
                         3.  A granular magnetic thin film characterized in that an insulating                            
                 material is present around grain boundaries so as to enclose magnetic grains,                            
                 and that said magnetic grains are grains of non-oxidized magnetic metal.                                 

                         4.  A granular magnetic thin film characterized in that an insulating                            
                 material is present around grain boundaries so as to enclose magnetic grains                             
                 of a magnetic metal of a nature such that a spectral peak of an oxide of said                            
                 magnetic metal is not observable by a measurement made by an X-ray                                       
                 photoelectron spectroscopy.                                                                              

                         9.  A method of manufacturing a granular magnetic thin film                                      
                 characterized by the steps of preparing a magnetic metal target and an                                   
                 insulating material target, respectively, sputtering said targets                                        
                 simultaneously in a nonoxidizing atmosphere, and forming on a substrate a                                
                 thin film in which an insulating material is present around grain boundaries                             
                 so as to enclose magnetic grains.                                                                        
                         The references set forth below are relied upon by the Examiner as                                
                 evidence of unpatentability.                                                                             
                 Akinaga (as translated) JP 2000-340425  Aug. 12, 2000                                                    
                 Funayama   6,606,225 B1  Aug. 12, 2003                                                                   
                 Litvinov   6,630,255 B1  Oct. 7, 2003                                                                    
                         Claims 3 and 28 are rejected under 35 U.S.C. § 102(b) as being                                   
                 anticipated by Akinaga or under 35 U.S.C. § 102(e) as being anticipated by                               
                 Litvinov.                                                                                                
                         Claims 3, 9-11, and 28 are rejected under 35 U.S.C. § 102(e) as being                            
                 anticipated by Funayama.                                                                                 


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