Ex Parte Jackson et al - Page 5

              Appeal  2007-2532                                                                    
              Application 10/608,791                                                               
              9. Figure 9 and embodiments 926 and 928 are described in the                         
              specification at 10:21 through 11:8.                                                 
              10. The circles in 926 are said to illustrate inhibitors to the dopants dots         
              and to result in a high resistance polymer layer.  (Specification at 10:23–27.)      
              11. In 928, the circles are said to have migrated out of the polymer layer           
              in response to some stimulus, removing the inhibition to the dopant dots and         
              thereby permitting the layer to be conductive.  (Specification at 10:27              
              to 11:1.)4                                                                           













                                                                                                  
              of this Decision on the USPTO website pursuant to the Freedom of                     
              Information Act.  It is not part of the Decision.                                    
              4 It is not clear to us how the "adjacent layer" memories covered specifically       
              by, for example, claims 7, 8, 12, 17, and 19, work in a device that must             
              change the resistance, as required by claims 2 or 14, from which the cited           
              claims depend.  It seems that the adjacent layer is not necessarily a high           
              conductance layer, perhaps especially when an inhibiting substance migrates          
              into it.  As the Examiner has not raised the issue, we decline to do so here, as     
              there may be a simple explanation.  At any rate, the issue may be pursued, in        
              the event of further prosecution, if either the Examiner or applicants see fit       
              to do so.                                                                            
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