Ex Parte Wells - Page 6



          Appeal No. 2004-1425                                                        
          Application 10/113,506                                                      

          corresponds to the claimed non-volatile memory device and the               
          decoding circuit 110 is located within this non-volatile memory             
          device.  The examiner notes that the decoding circuit of Collins            
          is separate from the non-volatile memory but still within the               
          non-volatile memory device in the same manner as disclosed in               
          appellant’s own invention [answer, pages 14-16].                            
          We will sustain the examiner’s rejection of claims 22-26,                   
          31-36, 41-46 and 51-53.  We agree with the examiner’s findings              
          that the decoding circuit of Collins is within the non-volatile             
          memory device in the same manner that the decoding circuit of               
          appellant’s own invention is within the non-volatile memory                 
          device as shown in Figure 2.  The non-volatile memory 124 and the           
          decoding circuit 110 of Collins are both included within the non-           
          volatile memory device 107 as found by the examiner.                        
          We now consider the rejection of claims 27-30, 37-40 and                    
          47-50 under 35 U.S.C. § 103.  Appellant’s only argument in                  
          response to this rejection is to repeat the fundamental argument            
          considered above with respect to the rejection under 35 U.S.C.              
          § 102.  Since this argument was decided adversely to appellant              
          above, and since no other arguments have been presented, we                 
          sustain the examiner’s rejection of these claims for the same               
          reasons discussed above.                                                    
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