Ex parte SAKASHITA et al. - Page 11




                 Appeal No. 1999-1098                                                                                                                   
                 Application 08/627,313                                                                                                                 


                 the claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d                                                                         
                 1523, 1529 (Fed. Cir. 1998).                                                                                                           
                          Claim one recites,12                                                                                                          
                                   said plurality of memory blocks being arranged                                                                       
                          on said semiconductor substrate to completely                                                                                 
                          surround a center of said semiconductor substrate;                                                                            
                          and                                                                                                                           
                                   a peripheral circuit for said plurality of                                                                           
                          memory blocks arranged on said semiconductor                                                                                  
                          substrate at a center of said memory blocks,                                                                                  
                          completely surrounded by said plurality of memory                                                                             
                          blocks.                                                                                                                       
                          We first turn to the Examiner's finding that the claim                                                                        
                 language "completely surrounded" is met by the block diagram                                                                           
                 shown in figure 17, as memory cells reside at all sides around                                                                         
                 the peripheral circuit and thus surround the peripheral                                                                                
                 circuit.  We disagree, as it is clear from this figure that                                                                            
                 there are no memory blocks at the sides of the peripheral                                                                              
                 circuit, only above and below it.  To completely surrounded                                                                            
                 the peripheral circuit with memory blocks as claimed, the                                                                              
                 memory blocks must simultaneously extend on all sides of the                                                                           
                 peripheral circuit so as to enclose or confine it.  It is                                                                              
                 clear from figure 17 that this is not the case.                                                                                        

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