Ex parte PATERSON et al. - Page 5




          Appeal No. 94-3910                                                          
          Application No. 07/966,615                                                  


          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the examiner’s answer.                                
                   The rejection of Claim 28 under 35 U.S.C. § 112                    
               Claim 28 stands rejected under 35 U.S.C. § 112, first                  
          paragraph, because the specification allegedly does not                     
          provide support for "a second plurality of conductive layers .              
          . . in electrical contact with said first plurality of                      
          conductive layers" [answer, page 3].  We reverse this                       
          rejection.                                                                  
               Appellants argue the specification teaches that the                    
          embodiment shown in Figure 2G, when combined with the                       
          embodiment shown in Figures 5A-5F, teaches "a second plurality              
          of conductive layers" [brief, pages 4-5].  The examiner argues              
          that the specification does not teach the combination argued                
          by appellants.  The examiner does not dispute that the                      
          combination asserted by appellants would teach a "second                    
          plurality of conductive layers."                                            
               The specification as filed states, with respect to                     
          Figure 4 which features conductors 16, 17 and 18, that the                  
          resistance of source/drain regions 7, 8 and 9 "may be lower if              
          a particular conductive region is incorporated as discussed                 
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