Ex parte HARDEE - Page 7




          Appeal No. 1998-1815                                       Page 7           
          Application No. 08/684,328                                                  


               The examiner fails to show a loss of consonance between                
          claims 5-7, 20-26, and 28-39 of the '282 Application and                    
          claims 30-40 and 45-46 of the instant application.  In U.S.                 
          Patent Application 07/976,312 ('312 Application), the                       
          grandparent application of the instant application, the                     
          examiner issued a restriction requirement dividing the initial              
          claims into five groups.  (Paper No. 3 at 2.)  He explained                 
          that the second group comprised "[c]laims 5-7, drawn to a                   
          sense amplifier utilizing a column read amplifier for read                  
          operation" and that the fifth group comprised "[c]laim 13,                  
          drawn to a method of operating a sense amplifier utilizing a                
          read amplifier and data write circuitry ...."  (Id.)  It is                 
          uncontested that the appellant elected to prosecute claims 5-7              
          and claims similar thereto in the '282 Application and its                  
          parent application and to prosecute claim 13 and claims                     
          similar thereto in the instant application and its parent                   
          application.  (Appeal Br. at 47.)                                           
              Although claims 30-40 and 45-46 have been added to the                 
          instant application and amended since the restriction                       
          requirement, the examiner fails to allege, let alone show,                  
          that the claims have been altered to recite a sense amplifier               







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