Ex Parte He et al

Board of Patent Appeals and Interferences

Oct 30, 2007

09907152 (B.P.A.I. Oct. 30, 2007)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte QING HE, DAVID JOHN SEAGLE, LOI DAC PHAM, and
MARCOS MOISES LEDERMAN
____________

Appeal 2007-2280
Application 09/907,152
Technology Center 2600
____________

Decided: October 30, 2007
____________

Before TERRY J. OWENS , JENNIFER D. BAHR, and
DAVID B. WALKER, Administrative Patent Judges.

BAHR, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Qing He et al. (Appellants) appeal under 35 U.S.C. § 134 from the
Examiner’s decision rejecting claims 1-10, 19, 20, 23, 24, and 27-42, which
are all of the pending claims. We have jurisdiction over this appeal under 35
U.S.C. § 6 (2002).
Appeal 2007-2280
Application 09/907,152

Appellants’ claimed invention is directed generally to data storage
systems such as disk drives and more specifically to a thin film, inductive
type write head, known as “Pedestal Defined Zero Throat (PDZT) write
head” (Spec. 1:10-13). Claim 1 is illustrative of the claimed invention and
reads as follows:
1. A write head for use in a data storage system,
comprising:
a first pole layer, P1, made of magnetically
soft material;
a pedestal formed on the first pole layer, P1,
that defines a zero throat that lies in a plane
generally parallel to an air bearing surface (ABS);
a second pole layer, P2, which defines a
nose between the ABS and a flare position;
wherein the pedestal extends to the zero
throat; and
wherein the flare position is closer to the air
bearing surface than the zero throat.
Appellants seek review of the Examiner’s rejection of claims 1-10, 19,
20, 23, 24, and 27-42 under 35 U.S.C. § 102(e) as being anticipated by
Sasaki (US 6,414,824 B1, issued July 2, 2002 from an application filed
September 12, 2000).
The Examiner’s reasoning is provided in the Supplemental
Examiner’s Answer (hereinafter “Answer,” mailed December 16, 2006).
Appellants’ position is articulated in the Reply Brief to the Examiner’s
Supplemental Answer (filed February 2, 2007).

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Appeal 2007-2280
Application 09/907,152

THE ISSUE
The sole issue in this appeal, namely, whether the subject matter of
Appellants’ claims is anticipated by Sasaki, turns on whether the portion of
Sasaki’s bottom pole 7 on which the Examiner reads the claimed “pedestal”
(Ans. 3 and “EXAMINER’S DRAWING” fig. 9 attached thereto) defines “a
zero throat that lies is a plane generally parallel to an air bearing surface
(ABS),” as called for in each of independent claims 1, 19, and 23.

THE FACTS
1. The term “zero throat,” also known as “TH0 position” or “a reference
position 0 of the throat height TH” (Sasaki, col. 12, ll. 44-48), is a
recognized term of art in the field of thin film magnetic write heads.
As explained by Appellants, in a finished write head, the throat height
is measured between an air bearing surface (ABS), formed by lapping
and polishing the pole tip, and zero throat (ZT) level where the pole
tip of the write head transitions to a back region (Spec. 2:5-8; figs. 1A,
1B, 2A, 2B). Appellants’ “pedestal 120 is formed on the first pole
layer 90, from the ABS to a back face 125 that defines a zero throat
level” (Spec. 9:3-5; figs. 6A and 7A). Likewise, Sasaki defines the
“throat height” (TH) as “a length (height) of a magnetic pole from the
air bearing surface to the edge of an insulating layer for electrically
isolating a thin film coil for generating a magnetic flux” (col. 1, ll. 22-
25) and as “a length from the position of an edge face T1 which
defines the position of an edge closest to the air bearing surface 20 in
the insulating layer 30 formed on the rear side of the pole tip 27a to
the air bearing surface 20” (col. 12, ll, 40-45) . Sasaki further defines
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Appeal 2007-2280
Application 09/907,152

the zero throat height or “TH0 position” as a position where the throat
height is zero” and teaches that the air bearing surface 20 and the edge
face T1 are almost parallel to each other (col. 12, ll. 45-48). Sasaki’s
zero throat or “TH0 position” is formed at the edge face T1 on the rear
side of top pole tip 27a (col. 12, ll. 41-46).
2. In making Sasaki’s write head, a bottom pole 7, with recesses 80L and
80R formed therein, is formed on a structure comprising a shield gap
film 4, bottom shield layer 3, insulating layer 2, and substrate 1, as
illustrated in Figure 6 (col. 9, ll. 23-61). Next, an insulating film is
formed on the whole surface of bottom pole 7, burying the recesses
80L and 80R (col. 10, ll. 48-52), and forming shield layers 81L and
81R (col. 10, ll. 61-65), followed by a write gap layer 9 (col. 11, ll. 1-
3). The top pole tip 27a, which includes portions 27a(1), 27a(2), and
27a(3), is then formed on write gap layer 9 to produce the structure
illustrated in Figure 8 (col. 11, ll. 8-10). Next, using a photoresist film
selectively formed in the region rearward of the connection portion
27a(3) of top pole tip 27a and the front end portion 27a(1) and
intermediate coupling portion 27a(2) of top pole tip 27a as a mask, the
write gap layer 9 and bottom pole 7 are etched, as shown in Figure 9
(col. 11, ll. 41-46). The rear edge position of the etching process
coincides with the position of the edge face T1 of the top pole tip 27a
(col. 11, ll. 48-50). Consequently, the bottom pole 7 forms a
continuous, monolithic, uninterrupted layer rearward of the front faces
of portions 27a(1), 27a(2), and 27a(3) of top pole tip 27a, with the
exception of shield layers 81L and 81R.
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Appeal 2007-2280
Application 09/907,152

3. In each of Sasaki’s embodiments, the formation of the write head
begins as set forth above (Fact 2) and the thin film coils 29, insulated
by insulating layer 30, are formed rearward of the top pole tip 27a.
4. No portion of bottom pole layer 7, including the portion extending
under the top pole tip 27a and extending above the etch level, as
illustrated, for example, in Figures 9 and 29, in any of Sasaki’s
embodiments, defines a zero throat T1.

PRINCIPLES OF LAW
To establish anticipation, every element and limitation of the claimed
invention must be found in a single prior art reference, arranged as in the
claim. Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376, 1383, 58
USPQ2d 1286, 1291 (Fed. Cir. 2001); Scripps Clinic & Research
Foundation v. Genentech, Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,
1010 (Fed. Cir. 1991). "[A]bsence from the reference of any claimed
element negates anticipation." Kloster Speedsteel AB v. Crucible Inc., 793
F.2d 1565, 1571, 230 USPQ 81, 84 (Fed. Cir. 1986).

ANALYSIS
The Examiner contends that the upper portion of Sasaki’s bottom pole
7 extending above the etch level corresponds to the “pedestal” recited in
claim 1 and, further that such pedestal “defines a zero throat” T1 (Ans. 3) as
called for in claims 1, 19, and 23. Sasaki’s edge face T1 at the rear side of
top pole tip 27a is the zero throat or “TH0 position” in Sasaki’s write head
(Fact 1). The bottom pole 7 of Sasaki’s write head forms a continuous,
monolithic, uninterrupted layer rearward of the front faces of portions
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Appeal 2007-2280
Application 09/907,152

27a(1), 27a(2), and 27a(3) of top pole tip 27a, with the exception of shield
layers 81L and 81R (Fact 2). No portion of bottom pole layer 7, including
the portion extending under the top pole tip 27a and extending above the
etch level, as illustrated, for example, in Figures 9 and 29, in any of Sasaki’s
embodiments, defines a zero throat T1 (Facts 3 and 4). We thus conclude
the Examiner erred in determining that the upper portion of Sasaki’s bottom
pole 7 extending above the etch level defines a zero throat as required in
Appellants’ claims.
In light of the above, the Examiner fails to show that Sasaki discloses
all of the limitations of claims 1, 19, and 23, in particular, a pedestal as
claimed that defines a zero throat. The rejection of independent claims 1,
19, and 23, as well as claims 2-10, 20, 24, and 27-42 depending therefrom,
as anticipated by Sasaki is reversed.

SUMMARY
The decision of the Examiner to reject claims 1-10, 19, 20, 23, 24, and
27-42 is reversed.
REVERSED

vsh:

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