Ex parte ONODA - Page 7




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


          appears to indicate that both laminate layers of the bit line 12            
          have the plural narrow portions as explained earlier of                     
          independent claim 46 on appeal, these teachings clearly meet the            
          limitation of a claim that one of the recited plural layers has             
          such a region.                                                              
               Inasmuch as the features of the dependent claims 47 through            
          49 are not argued by appellant and are met within the ambit of              
          the collective teachings of the three references relied upon, we            
          note particularly Amazawa’s teaching with regard to the size of             
          the narrow portions being less than 0.5 micrometers.                        
                        NEW REJECTION UNDER 37 CFR § 1.196(b)                         
               Inasmuch as we have reversed the outstanding rejection of              
          claim 23 under 35 U.S.C. § 103 in light of Sliwa alone, and the             
          examiner has withdrawn the rejection of this claim in the answer            
          upon the combination of Okuyama in view of Kumagai and Amazawa              
          within 35 U.S.C. § 103, we hereby reinstate this rejection as it            
          applies to claim 23 essentially for the reasons set forth with              
          respect to our analysis of claim 46.  Here, in the context of               
          Okuyama’s teachings there is clearly a laminate structure of                
          plural layers of the type set forth at the end of claim 23 on               
          appeal.  Additionally, the feature of claim 23 of the recessed              
          portions being located at spaced apart predetermined length                 

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