Appeal No. 95-2665
Application 07/999,609
We are mindful of the teaching of Komori at page 11 of the
translation that indicates that source side injection is strongly
preferred as a programming approach in floating gate memory
devices because of its increased efficiency over the drain side
injection approaches of the prior art. This is confirmed by the
comparable teaching in Ma in the paragraph bridging columns 4 and
5 of this reference, a portion relied upon by the examiner. This
is a positively recited limitation in independent claim 5 and one
which is inferred in independent claim 14 on appeal. However, we
are left at a loss as to determine why the artisan would have
chosen, from the prior art relied on, the specifically recited
Fowler-Nordheim tunneling effect approach in independent claim 5
on appeal (and impliedly recited in independent claim 14 on
appeal) as a deprogramming technique and to do so through the
source as recited in both independent claims 5 and 14 on appeal.
Each of independent claims 5, 8, 9 and 14 recite in various
degrees of specificity a certain overlappedness of certain
portions and/or regions of structure recited among each other
in each of these respective claims. The examiner’s rationale
attempts to extend and/or modify the teachings of the overlap-
pedness of the structure Figure 1 of Guterman based upon the
teachings of the secondary references. However, we remain
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