Appeal No. 95-4622
Application 08/113,665
intervals is also met by the reasoning we have set forth with
respect to claim 46. The plural recessed portions recited in
this claim are met with respect to our analysis regarding the two
halves of each bit line as they traverse or go around each
contact hole or via as explained earlier.
Inasmuch as the current version of 37 CFR § 1.196(b) has
been amended on December 1, 1997, to permit this panel to
institute rejections for any pending claim, including allowed
claims, we institute a new rejection of claims 42 to 45 under 35
U.S.C. § 103 over Okuyama in view of Kumagai, further in view of
Amazawa as expressed with our reasoning as previously applied to
previously rejected claims 46 to 49. Although independent claim
42 is substantially the same as independent claim 46, we note
that claim 42's language relating to the plurality of first parts
corresponds to the earlier identified regions between via holes
in Okuyama or the contact hole regions such as 20 and 24 in prior
art Figure 1 of Kumagai. The second parts as recited in
independent claim 42 comprise the actual contact hole or via
regions in the collective teachings of the three references
themselves. As disclosed the plural second parts comprise both
halves of the narrow region 14 as depicted in Figure 1 of the
disclosed invention. In a similar manner, the two halves of the
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