Ex parte SIMPSON - Page 9




          Appeal No. 1999-2006                                                        
          Application No. 08/561,960                                                  


          source and drain region as taught by Paterson would have been               
          obvious ... because Paterson discloses the same nonvolatile                 
          memory device structure as Matsushita ..."  However, we agree               
          with Appellant that Paterson does not cure                                  
          the deficiencies noted above in regard to meeting the claimed               
          limitations of claim 1 which are incorporated into claim 2                  
          because of its dependency.  Therefore, we do not sustain the                
          obviousness rejection of claim 2 and its dependent claims 3 to 5            
          over Matsushita in view of Paterson.                                        
               In conclusion, the decision of the Examiner rejecting                  
          claims 1 and 6 to 9 under 35 U.S.C. § 102 and claims 2 to 5                 
          under 35 U.S.C. § 103 is reversed.                                          
                                       REVERSED                                       





                         PARSHOTAM S. LALL             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         ANITA PELLMAN GROSS           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                          9                                           





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