Ex parte SHIROTA et al. - Page 3




                 Appeal No. 1997-3442                                                                                     Page 3                        
                 Application No. 08/210,288                                                                                                             


                          a third control gate line coupled to at least control                                                                         
                 gates of said third selection transistors;                                                                                             
                          a fourth control gate line coupled to at least control                                                                        
                 gates of said fourth selection transistors.                                                                                            

                          The examiner relies on the following references:                                                                              
                 Choi et al. (Choi)                                    4,962,481                                    Oct.  9,                            
                 1990                                                                                                                                   
                 E. Adler, “Densely Arrayed EEPROM Having Low-Voltage Tunnel                                                                            
                 Write”, IBM TDB, Vol. 27, No. 6 pp. 3302-3307, Nov. 1984                                                                               
                 Japanese Patent Application                                                                                                            
                 Kanazawa          2                                   02-74069                            Mar. 14, 1990                                
                          Claims 1, 3, 4 and 6 through 8 stand rejected under 35                                                                        
                 U.S.C. 102(b) as anticipated by Adler.  Claims 2, 5 and 9 stand                                                                        
                 rejected under 35 U.S.C. 103 as unpatentable over Adler in view                                                                        
                 of either one of Choi or Kanazawa.                                                                                                     
                          Reference is made to the briefs and answer for the                                                                            
                 respective positions of appellants and the examiner.                                                                                   
                                                                      OPINION                                                                           
                          At the outset, we note our displeasure with the way the                                                                       
                 examiner sets forth the rejection in the answer.  M.P.E.P. 1208                                                                        

                          2Our understanding of this reference is based on an                                                                           
                 English translation thereof prepared by the United States                                                                              
                 Patent and Trademark Office.  A copy of this translation is                                                                            
                 attached hereto.                                                                                                                       







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