Ex Parte GONZALEZ et al - Page 9




          Appeal No. 2001-0113                                                        
          Application No. 08/604,751                                                  

          structure does not anticipate claim 13 because the repeated                 
          memory cell would still fail to include two plugs (56) separated            
          by a maximum distance approximately equal to a minimum                      
          photolithographic limit.  See Appeal Brief, Paper No. 21, page 9,           
          lines 17 through page 10, lines 6.                                          


               Upon review, even if we found that it would have been                  
          obvious to repeat the memory cell structure taught by Juengling             
          in Figure 10 in order to form a memory device, the repeated                 
          memory cell structure still fails to teach the spacing limitation           
          of claim 13 which is "two first conductive plugs having a first             
          type conductivity distanced one from the other by a maximum                 
          distance approximately equal to a minimum photolithographic                 
          limit."  In contrast, Juengling's Figure 10 shows that the memory           
          cell structure has a series of at least three second conductivity           
          plugs (104) formed after first conductive plug (56).  Juengling             
          further teaches on column 6, lines 60-6, that each plug (104) has           
          a thickness between 3,000 to 8,000 angstroms.  Thus, when the               
          memory cell structure is repeated, the distance between first               
          conductive plugs (56) would include the width of at least three             
          second conductivity plugs (104); this totals a minimum distance             
          of 9,000 to 24,000 angstroms.  Therefore, the distance between              

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