Appeal 2006-3363
Application 10/873,363
the GMR element. Facts 13 and 14. In this embodiment, the etching must be
within the edges to prevent the GMR element from being damaged by the etching
step. Fact 15.
From these facts, we do not find that evidence contradicts the Examiner’s
finding that the conductive etch stop layer, of layer 45, covers and provides
protection of the top and sides of the GMR element. Tehrani does not explicitly
state that this also applies to the embodiment where vias 47 and 50 are etched
simultaneously and a conductive etch stop is used. As Appellants assert, keeping
the vias 50 within the edge of the GMR element could suggest that the conductive
etch stop is not on the side of the GMR element. However, we note, in this
embodiment, for the etching step to create vias 47, the etching step must be able to
etch both layers 45 and dielectric system 32. As discussed above, the layer 32 also
provides protection to the GMR element. One skilled in the art would recognize
that the teaching of keeping vias 50 within the edges of the GMR element, also
prevents the etching step from etching the dielectric system 32 which is protecting
the underside of GMR element (i.e. even with the etch stop on the side of the GMR
material, if the etching process compromised dielectric system 32 the GMR would
be exposed from below). Thus, we find evidence of record to support the
Examiner’s conclusion which is contrary to that asserted by Appellants. As the
substantial evidence standard does not preclude a finding when inconsistent
conclusions can be drawn from the evidence, we find that there is substantial
evidence to support the Examiner’s findings.
Appellants also argue that the conductive bit stop layer of the second
embodiment does not cover the same area as the dielectric layer of the first
embodiment because, if so, it would short out the circuit. Thus, Appellants assert
that the embodiment which uses a conductive bit stop for the first layer differs
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