Appeal No. 1999-0578
Application 08/217,641
plurality of spatially uniform intermediate states which is
sufficient to meet the claim recitation of a spatially uniform
intermediate state.
The fact that Fukushima controls the timing of the
read signal to read the intermediate state at a selected
orientation of the molecules is not relevant to the claimed
invention. Claim 1 only requires that there exist a spatially
uniform intermediate state between the ON and OFF states.
This intermediate state exists in Fukushima whether or not a
read signal is applied. The read signal in Fukushima simply
selects one of the many spatially uniform intermediate states
which exist in Fukushima.
Finally, we agree with the examiner that the
intermediate states in Fukushima are determined by an applied
charge amount. The intermediate state in Fukushima is a
function of whether the product of the voltage and pulse width
of a control pulse exceeds a threshold value. We agree with
the examiner that this product results in the states in
Fukushima depending on the applied charge amount as claimed.
Since we are not persuaded by any of appellants’
arguments that the examiner’s rejection of claim 1 is in
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