Ex Parte Lee et al - Page 7


          Appeal No. 2005-2284                                                        
          Application No. 09/748,589                                                  

          and appellants’ arguments have not convinced us of any error in the         
          examiner’s case.                                                            

               Accordingly, we will sustain the rejection of claims 126 and           
          130 under 35 U.S.C. § 103.                                                  

               The examiner has established a prima facie case of obviousness         
          in showing that either one of Zhang or Johnson discloses the                
          claimed subject matter but for the disclosure of the ECC “circuitry         
          carried by the support element.”  Appellants do not dispute this.           
          The examiner then offers Leedy to provide for the deficiency of the         
          primary references, by showing that Leedy teaches ECC circuitry             
          provided in a 3-D memory with bonded layers, allowing for                   
          correction of errors which may become more prevalent in any higher          
          density memory circuit, such as any 3-D memory.  The examiner then,         
          quite reasonably in our view, concludes that it would have been             
          obvious to add ECC circuitry to the memory of Zhang or Johnson,             
          because it was known to add this circuitry to the support element           
          of high density 3-D memory arrays so that they could benefit from           
          error correction capabilities.                                              

               Yet, while the examiner’s case is built on the modification of         
          either one of the primary references (each showing the basic                
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