Appeal 2007-2532
Application 10/608,791
The Examiner has also rejected claims 1–27 and 32 under 35 U.S.C.
§ 102(e)(1) over Krieger. Jackson does not contest the status of Krieger as
prior art, but contends that Krieger does not teach every limitation of the
claims.
In particular, with respect to both Stasiak and Krieger, Jackson argues
that the Examiner erred in finding that they teach transitions between
memory states arising from changes in chemical bonds. The Examiner
supports the rejection with a teaching from Gold indicating the breadth of
the term "changes in chemical bonds."
The Issue
The dispositive issue in this appeal is the meaning of the limitation
that transitions between detectable memory states arise from "changes in
chemical bonds."
B. Findings of Fact
The following findings of fact and any set out in the Discussion are
supported by a preponderance of the evidence of record. To the extent any
finding of fact is actually a conclusion of law, it should be treated as such.
Jackson's Disclosure
1. According to Jackson, recently developed non-volatile memory
elements often provide organic polymer film based memory elements that
have conducting "signal lines" on opposite sides of a layer of organic
polymer such that the signal lines "overlap." (Specification at 1.)
2. Jackson seeks patent protection for certain memory elements that are
designed to have at least two states, and that can be changed from one state
to the other by changing chemical bonds in the organic polymer layer or by
3
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