Ex parte HARDEE - Page 9




          Appeal No. 1998-1815                                       Page 9           
          Application No. 08/684,328                                                  


          third group comprised "[c]laims 8-9, drawn to a sense                       
          amplifier utilizing a data write driver circuit for write                   
          operation ...."  (Paper No. 3 at 2.)  It is uncontested that                
          these are the claims in the '183 Application.  (Appeal Br. at               
          40.)                                                                        


               Although claims 43 and 44 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 utilizing a data                   
          write driver circuit for a write operation.  To the contrary,               
          the claims are still method claims drawn to "[a] method of                  
          writing data to a selected memory cell in an integrated                     
          circuit memory having a plurality of sense amplifiers coupled               
          to a plurality                                                              
          of bit lines which are coupled to a plurality of memory                     
          cells ...."  Because claims 43 and 44 omit a method, we are                 
          not persuaded that the claims cross the line of demarcation                 
          drawn in the restriction requirement.  Therefore, we reverse                
          the provisional rejection of claims 43 and 44 over claims 8,                









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