Ex parte ONODA - Page 6




          Appeal No. 95-4622                                                          
          Application 08/113,665                                                      


          hole 11 per se.  This observation alone meets the broad language            
          of claim 46 that there be “a plurality of narrow portions at                
          predetermined length intervals,” since there are two halves at              
          each repetitive connection hole area 11.  In the context of the             
          normal manner in the art of making of memories in an array as               
          best represented by Kumagai, it would have been apparant to the             
          artisan that this just quoted language is met by the plural                 
          halves at each connection hole or via, as well as along the                 
          entire length of the bit line itself since there are plural                 
          contact holes known in the art to exist along each bit line.                
               Appellant’s arguments with respect to this rejection are               
          misplaced.  That the contact hole may be filled with conductive             
          material is inapposite since the claim is directed only to the              
          levels of the wiring layer structures per se.  The normal filling           
          of the contact hole is beyond the scope of the claims on appeal             
          and therefore such a teaching in the reference as relied upon is            
          merely an additional teaching beyond that which is required by              
          the claims.  Appellant’s argument at the middle of page 7 of the            
          principal Brief on appeal relates to disclosed but unclaimed                
          features relating to the disclosed purpose of intentional break             
          off or cutting off of the low melting point conductive layer at             
          the regions 14 in disclosed Figure 2.  Additionally, that Okuyama           

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