Ex Parte Lee et al - Page 12


          Appeal No. 2005-2284                                                        
          Application No. 09/748,589                                                  
               Moreover, we endorse the examiner’s view, at page 10 of the            
          answer, that                                                                

               ...the general teaching of using ECC with a three-dimensional          
               memory taught by Leedy would have been just as easily been             
               implemented by an artisan with the ECC functionality off of            
               the memory device, since that was the conventional                     
               implementation of ECC...even with the ECC circuitry on the             
               memory device, the data storage system coupled thereto                 
          requires “ECC functionality” to the extent claimed to properly              
          utilize and process the corrected data.                                     
          Appellants do not respond.                                                  

               Accordingly, since the examiner’s position appears reasonable          
          to us and we have nothing from appellants convincing us otherwise,          
          we will sustain the rejection of claims 135 and 139-141,                    
          constituting the Group II claims, under 35 U.S.C. § 103.                    

               With regard to Group III, i.e., claim 136, this claim recites          
          that the ECC functionality is implemented in software in the data           
          storage system.  The examiner relies on Hayashi for such a teaching         
          (Figure 1, column 3, line 11 to column 4, line 13l; column 7, lines         
          37-39) and contends that it would have been obvious to implement            
          the ECC functionality in the Zhang/Johnson/Leedy combination in             
          software in the data storage system “because this is well known and         
          provides the system adaptability and updatability” (answer-page 6).         

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