Ex Parte Jackson et al - Page 18

              Appeal  2007-2532                                                                    
              Application 10/608,791                                                               
              ¶ 39.)  Krieger describes Figure 5 in relevant part as having an active layer        
              of "polystirol" and a passive layer of copper or silver [c]halcogenide.              
              (Krieger at 4, ¶ 57.)  The Examiner argues that the Krieger memory cells             
              "inherently have all of the memory-state properties of the claims because the        
              structure and materials are the same as those of the claimed invention"              
              (Answer at 5–6); but the Examiner cites no specific supporting disclosure in         
              the specification.  Our review shows that there is no apparent description of        
              a dopant in the memory cell shown in Figure 5, much less a dopant that is            
              active in the first, high resistance state, and inactive in the second, low          
              resistance state.                                                                    
                    Ordinarily, this would be the end of the inquiry.  However, Krieger, in        
              paragraph 19, cited by the Examiner and quoted supra, describes memory               
              cells that can be switched from one state to another.  A typical memory              
              structure, shown in Figure 1, has an active layer based on organic polymers          
              with dopants that allow creation of a "structure capable of changing the             
              active layer resistance and . . . forming high conductivity areas or lines in the    
              active layer under external electric and/or light radiation effect on the            
              memory cell."  (FF 19 and 20; Krieger at 2, ¶ 19.)  Thus, Krieger describes a        
              doped organic polymer-based memory element that can be switched from a               
              low conductivity state (dopant inactive) to a high conductivity state (dopant        
              active) in response to a stimulus, e.g., a shift in voltage or illumination.  On     
              this record, we therefore AFFIRM the Examiner's rejection of claim 4.                
              D. Summary                                                                           
                    In view of the record and the foregoing discussion, it is:                     
                          ORDERED that the Examiner's rejection of claim 1 under 35                
              U.S.C. § 102(e) as anticipated by Stasiak is AFFIRMED.                               

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